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Durwin, Joe v. Pittsfield, City of (SPR 20140402)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 07-25-2014
ClosedAppealDecision
SPR 20140402 is a Massachusetts Public Records Law appeal filed by Durwin, Joe concerning records held by Pittsfield, City of, opened 07-25-2014. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20140402
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Durwin, Joe
- Custodian
- Pittsfield, City of
- Date Opened
- 07-25-2014
- Date Closed
- 08-22-2014
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 22, 2014 SPR14/402 Ms. Linda M. Tyer, City Clerk City ofPittsfield 70 Allen Street Pittsfield, MA 01201 Dear Ms. Tyer: This office has received the petition of Joe Durwin of Boxcar Media, Inc. appealing the response of the City of Pittsfield (City) to his request for public records. See G. L. c. 66, § 1O (b ); see also 950 C.M.R. 32.08(6). Specifically, Mr. Durwin requested copies of all records provided to the Human Rights Commission. In a July 8, 2014 email from you, the City stated that it was withholding responsive records pursuant to Exemption (c) of the Public Records Law. In its response, the City merely cited the statutory language of the exemption and provided no further explanation as to its applicability to the requested records. The Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10 ( c) (emphasis added). See Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). It is my finding that the City has failed to satisfy its burden in responding to this records request. The City has provided no specificity with respect to the applicability of the exemption claimed and is not permitted to issue a blanket denial without providing any further information with respect to the requested records. The City is hereby ordered to provide Mr. Durwin with copies of the responsive records within ten (10) calendar days, or alternatively to provide this office with a more detailed explanation that will satisfy its burden in responding to this request. Accor ingly, this administrative appeal is now closed. cc: Mr. Joe Durwin OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre