Willmsen, Christine v. Boston, City of - Public Records (SPR 20260844)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 24, 2026 SPR26/0844 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 Christine Willmsen 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 December 11, 2025, Ms. Willmsen requested, “… electronic copy of all public records requests made since Jan. 1, 2025 by any of the following including representatives and/or reporters for The New York Times, Washington Post or Boston Globe. In addition, please provide an electr[onic] copy of any and all information provided for those requests.” The City responded on December 11, 2025 and January 23, 2026. The City assigned this request reference number R006727-121125. Unsatisfied with the responses, Ms. Willmsen petitioned this office and this appeal, SPR26/0844, 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. 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 SPR26/0844 Page 2 March 24, 2026 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 December 11th and January 23rd Responses In its December 11, 2025, the City acknowledged receipt of Ms. Willmsen request and provided the reference number for tracking purposes. In its January 23, 2026 response, the City stated, “[t]he records responsive to this request have been released to the Public Records Center.” Current Appeal In her appeal, Ms. Willmsen states the following: I’ve still not received the appropriate records and I’m appealing to the Supervisor of Records. This is in violation of the Massachusetts open records act. I’m also notifying the supervisor of records, who can remind you of the act and what the city’s obligations are to fulfill it. You claim you fulfilled the request by provided a list of people who have requested documents. However you have yet to provide the information and documents that the city has already provided for those requests and that was my request (to receive all the information already provided). My original request was Dec. 11. I expect that you will expedite this based on the fact that you have already provided them to another requester which means they will be easy to forward electronically to me and because it appears as if you have forgotten the communication which is below this email. Based on Ms. Willmsen’s claims, in conjunction with the City’s response, it is unclear whether the City possesses any additional records responsive to the request. If the City does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). 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). Consequently, the City must clarify whether any additional responsive records exist. Conclusion Accordingly, the City is ordered to provide Ms. Willmsen with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is

Grace Jung SPR26/0844 Page 3 March 24, 2026 preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Willmsesn may 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: Christine Willmsen