Brian Foley v. Boston, City of - Public Records (SPR 20253441)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 5, 2025 SPR25/3441 Grace Jung Director of Public Records City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Ms. Jung: I have received the petition of Brian Foley appealing the response of the City of Boston (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 4, 2025, Mr. Foley requested: [1] The student composition by zip code of the Eliot school for K0, K1, & K2 for the 25-26 school year[;] [2] The number of students BPS placed in K0, K1, & K2 at the Eliot School for the 25-26 school year without these students being placed through the lottery system … broken down via zip code[;] [3] The zip code composition of the waiting list for K0, K1, & K2 at the Eliot School for the 25-26 school year[;] [4] The student composition by zip code of the Warren Prescott school for K0, K1, & K2 for the 25-26 school year[;] [5] The zip code composition of the waiting list for K0, K1, & K2 for the Warren Prescott School for the 25-26 school year[;] [6] The student composition by zip code of the Harvard Kent school for K0, K1, & K2 for the 25-26 school year[;] [7] The zip code composition of the waiting list for K0, K1, & K2 for the Harvard Kent School for the 25-26 school year. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Grace Jung SPR25/3441 Page 2 December 5, 2025 The City responded on September 18, 2025 and October 10, 2025, and assigned reference number R004582-090425 to this request. Unsatisfied with the City’s responses, Mr. Foley petitioned this office and this appeal, SPR25/3441, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City’s September 18th and October 10th Responses In its September 18, 2025 response, the City stated, “[d]ue to the nature of your request, additional time is needed. As such, the City will need up to, but no more than, fifteen (15) additional business days to review and process your request.” In its October 10, 2025 response, the City produced some responsive records. Current Appeal In his current appeal, Mr. Foley argues the following: In early September, I requested from the Boston Public School’s the zip-code composition of certain elementary schools in the City for the 2025-2026 school year (see attached email which includes my initial request). On October 10, the City of Boston responded and provided me with a spread sheet for the 2024-2025 school year but not the 2025-2026 information which is what I requested (see attached). I subsequently alerted the City that they provided me with the wrong information and asked them to provide me with the 25-26 information. I received no response from the City. This week, I called the City of Boston to inquire about

Grace Jung SPR25/3441 Page 3 December 5, 2025 this, left a voicemail for the appropriate individual, and once again I received no response. I want the 2025-2026 zip code composition, and the exact zip code composition… Records in Existence Please be advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Additionally, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on Mr. Foley’s appeal, it is unclear whether the City possesses records responsive to the request. Specifically, the City must clarify whether it possesses responsive records for the 2025-2026 school year. Conclusion Accordingly, the City is ordered to provide Mr. Foley with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Foley may further appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian Foley