William Bono v. Boston, City of - Public Records (SPR 20253571)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 17, 2025 SPR25/3571 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 William Bono 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 October 14, 2025, Mr. Bono requested the following: [1] All vending permits issued by the City of Boston for the address of 160 State Street, Boston, Massachusetts from 2000 until present. [2] All applications for vending permits submitted to the City of Boston, Massachusetts (ether new or renewal) from 2000 until present. The City assigned reference number R005628-102125 to this request. Prior Appeal The requested records were the subject of a prior appeal. See SPR25/3318 Determination of the Supervisor of Records (November 20, 2025). In my November 20th determination, I learned that the City provided Mr. Bono with a response dated November 12, 2025. Unsatisfied with the City’s response, Mr. Bono petitioned this office and this appeal, SPR25/3571, was opened as a result. While this appeal was pending, the City provided a supplemental response on December 4, 2025. 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 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 SPR25/3571 Page 2 December 17, 2025 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 November 12th and December 4th Responses On November 12, 2025, the City produced four records responsive to Item 1 of Mr. Bono’s request. On December 4, 2025, the City stated, “[w]e have confirmed with the relevant departments that all existing responsive records for this request have been released.” Current Appeal On December 3, 2025, Mr. Bono argues, “[t]he City of Boston has not provided the document that was asked for.” On December 5, 2025, Mr. Bono contested the City’s December 4th response, asserting, “[t]he City of Boston has not released all requested documents.” Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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. Bono’s claims, in conjunction with the City’s responses, it is unclear if the City possesses any additional records responsive to his request. The City must clarify this matter.

Grace Jung SPR25/3571 Page 3 December 17, 2025 Conclusion Accordingly, the City is ordered to provide Mr. Bono 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. Bono 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: William Bono