Emails about homeless set aside policy
| Tracking # |
R004625-110724 |
| Submitted | Nov. 7, 2024 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Brian McCarter
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
Please provide all emails about the Homeless Set Aside policy in the last 3 months.
For reference the policy can be found https://drive.google.com/file/d/1SFdJYhMyLo1mqSeGTCyF5WA6_lvW2b6S/view
and on the mayor's office of housing website https://www.boston.gov/departments/housing/policies
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Brian McCarter
From: City Of Boston -- Public Records Access Officer
Dear Brian McCarter, Thank you for your interest in public records of City of Boston. Your request has been received and is being processed. Your request was received in this office on 11/7/2024 9:50:03 PM and given the reference number R004625-110724 for tracking purposes. To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
Please provide all emails about the Homeless Set Aside policy in the last 3 months.
For reference the policy can be found https://drive.google.com/file/d/1SFdJYhMyLo1mqSeGTCyF5WA6_lvW2b6S/view
and on the mayor's office of housing website https://www.boston.gov/departments/housing/policies
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Brian McCarter
Upload documents directly: https://www.muckrock.com/ You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center. Director of Public Records
Records Access Officer
City of Boston
From: City Of Boston -- Public Records Access Officer
--- Please respond above this line ---
11/25/2024 RE: PUBLIC RECORDS REQUEST of November 07, 2024, Reference # R004625-110724 Dear Brian McCarter: The City of Boston (City) has received your request for public records. This response applies only to records that exist and are in the custody of the City. See A Guide to the Massachusetts Public Records Law, p. 32, n.115. It is expected that a custodian of records must use her superior knowledge of her records with respect to responses to public records requests. 950 CMR 32.04(5). Specifically, you stated:
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
Please provide all emails about the Homeless Set Aside policy in the last 3 months.
For reference the policy can be found https://drive.google.com/file/d/1SFdJYhMyLo1mqSeGTCyF5WA6_lvW2b6S/view
and on the mayor's office of housing website https://www.boston.gov/departments/housing/policies
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Brian McCarter
Upload documents directly: https://www.muckrock.com/ Your request does not comply with the Massachusetts public records law and its access regulations, as it is overly broad and vague. A public records request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i).
In a recent Suffolk Superior Court case, the court found that “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” Chawla v. Dep't of Revenue, Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019).
The court further found “[r]equests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will not satisfy this statutory standard.” Id. ( emphasis in original).
In accordance with G. L. c. 66, § 10(a)(i) and the Chawla decision, it is unclear with “sufficient particularity” which records you seek. Thus, your request “calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘[regarding]’ the category of materials requested.” Chawla, at 2.3 We encourage you to consider narrowing your request. In the meantime, this request will be closed, as your request does not comply with the Massachusetts public records law and its access regulations, as it is overly broad and vague. Further, there is an expectation that a requester will be reasonable in requests for public records. Friedman v. Division of Administrative Law Appeals , 2024 WL 1121739 (March 15, 2024). Should you seek specific records I encourage you to visit the City's public records portal. https://bostonma.govqa.us/WEBAPP/_rs/(S(4ihmrhaxyjn0l4fkagn2d4jn))/supporthome.aspx Affably yours, Jean E. Shirley Articled Clerk City of Boston One City Hall Plaza Boston, MA 02210
From: Brian McCarter
Dear Jean E. Shirley,
Thank you for your response regarding my public records request. I appreciate your reference to Massachusetts General Laws and relevant case law. I understand the importance of ensuring requests are articulated with sufficient particularity.
In light of your concerns, I respectfully request your assistance in modifying my request to meet the standards set forth in G. L. c. 66, § 10(a)(i) and the Chawla decision. As cited in Chawla, the duty to reasonably describe records also implies an expectation that the records custodian will provide guidance to the requester where clarification or narrowing is necessary.
Additionally, Friedman v. Division of Administrative Law Appeals reinforces the principle that reasonable cooperation between requesters and custodians is essential in facilitating access to public records. To this end, I ask that you propose a modification to my request that would bring it into compliance with these standards.
It is worth noting that Sheila Dillon is currently meeting with the head of WSANA to discuss this very issue. This context suggests that the term "vague" may have been inappropriately applied to my request, as the matter is actively being reviewed at the highest levels.
I am committed to working collaboratively with your office to ensure that my request is clear, precise, and actionable. Please let me know how we can proceed to adjust the scope of my request appropriately.
Thank you for your assistance.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Nov. 7, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #R004625-110724.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on Nov. 7, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #R004625-110724.
Thanks for your help, and let me know if further clarification is needed.
From: City Of Boston -- Public Records Access Officer
Good morning Mr. McCarter,
I am reaching out in an attempt to assist you in narrowing your previous
request, reference number R004625-110724. In that request you sought “all
emails about the Homeless Set Aside policy in the last 3 months.”.
Our team met with staff from the Mayor’s Office of Housing (MOH) to better
understand the policies and procedures related to the Homeless Housing Set
Aside Program. Additionally, a comprehensive search was completed with the
information provided in your request.
If you could provide more detail as to what you are hoping to find or
possibly provide specific key terms, that may assist us in finding the
records that you seek. For instance, are you seeking records related to a
specific property? Are you seeking records about how the program works and
who may be eligible? If you could be more specific about what you are
seeking, we would be better equipped to do a more targeted search.
Affably yours,
Jean E. Shirley
Articled Clerk
City of Boston
One City Hall Plaza
Boston, MA 02210
(617) 635-4023
From: Brian McCarter
There is insufficient info available online to narrow the question. All of the examples you provided would be helpful. The very short time span was provided to try and limit the responsive documents.
From: City Of Boston -- Public Records Access Officer
Dear Mr. McCarter,
I was hoping to contact you to assist you in narrowing your request, but I
see that we do not have a phone number for you. Could you please call me
at your earliest convenience at the number listed below so that we can
discuss.
Affably yours,
Jean E. Shirley
Articled Clerk
City of Boston
One City Hall Plaza
Boston, MA 02210
(617) 635-4023