Burrell, Chris v. Quincy, City of - City Solicitor (SPR 20140414)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 2, 2014 SPR14/414 Mr. James Timmins, Esq. City of Quincy - City Solicitor 1305 Hancock Street City Hall, Third Floor Quincy, MA 02169 Dear Attorney Timmins: I have received the petition of Chris Burrell of the Patriot Ledger appealing the response of the City of Quincy (City) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Burrell requested copies of records related to "property acquisitions by the City for the purpose of expanding parking and sports fields at North Quincy High School." The City provided copies of records, and withheld others, namely copies of executed purchase and sale agreements and other transactional records. The City failed to cite a specific exemption in withholding these records. In a telephone conversation you explained to me that the City intended to withhold the responsive agreements until all were completed to protect the City's bargaining position with respect to unexecuted transactions. You further stated your thought that Mr. Burrell may be willing to wait until the agreements were complete. Mr. Burrell explained in a September 29, 2014 telephone conversation that he remained interested in obtaining copies of executed agreements and was unwilling to wait until all were complete. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. James Timmins, Esq. SPR14/414 Page Two October 2, 2014 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(c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). The City failed to meet this burden as it did not cite an exemption in denying access to the responsive records. Accordingly, the City is hereby ordered, within ten (10) days ofthis order, to provide Mr. Burrell with the remaining requested records. If the City maintains that any portion of the records are exempt it must, within thirty (30) days provide to Mr. Burrell and this office an explanation, with specificity, how a particular exemption applies to each record. An acknowledgment will be issued, followed by a written determination by this office within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be considered. Supervisor of Records cc: Mr. Chris Burrell