Alain Jehlen v. Boston, City of - Public Records (SPR 20253819)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 9, 2026 SPR25/3819 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 Alain Jehlen 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 November 10, 2025, Mr. Jehlen requested, “copies of any reports about what happened to the students from the West Roxbury Education Complex after the WREC closed in 2019 and students from the Jackson/Mann School when that school closed in 2022.” The City responded on November 10, 2025 and November 25, 2025. Unsatisfied with the responses, Mr. Jehlen petitioned this office and this appeal, SPR25/3819, 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. See G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a 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 SPR25/3819 Page 2 January 9, 2026 records custodian must provide the responsive records. The City’s November 10th and November 25th Responses In its November 10, 2025 response, the City assigned the request reference number R006096-111025. In its November 25, 2025 response, the City stated, “[a]t this time, the City is conducting a search of its database and working with relevant departments to identify potentially responsive records. Following this search, a records custodian will need to then review and segregate the search results. Due to this ongoing search and subsequent records review, additional time is needed. As such, the City will need up to fifteen (15) additional business days to respond to your request.” Current Appeal In his December 28, 2025 petition to this office, Mr. Jahlen stated, “I am forwarding my most recent message from [the City], dated November 25, in which they say they need another 15 days to respond. I have not heard from them since. The 15 days have long since passed.” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that . . . for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Jehlen submitted his request on November 10, 2025, and the City has not provided responsive records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the City must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis.

Grace Jung SPR25/3819 Page 3 January 9, 2026 Conclusion Accordingly, the City is ordered to provide Mr. Jehlen 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. Jehlen may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Alain Jehlen