Bennett, Ben v. Quincy, City of - City Solicitor (SPR 20140547)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 30, 2014 SPR14/547 Mr. James Timmins City Solicitor Quincy City Hall 1305 Hancock St., 3rd Floor Quincy, MA 02169 Dear Attorney Timmins: I have received the petition of Ben Bennett from the research department of Service Employees International Union (CTW, CLC) appealing the nonresponse ofthe City of Quincy (City) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bennett requested all files in the City's possession from a lawsuit involving the City, the developer of the HighPoint apartments at 12 Highpoint Circle and citizens of Quincy, any records submitted or provided to the City by A valonBay Communities, Inc. (or any of its subsidiaries) in regard to the company's proposal to develop an apartment, and a copy of the deed for the parcel(s) upon which AvalonBay has proposed the apartment complex referenced above. To date, Mr. Bennett has received no response from the City despite numerous conversations between you and a member of my staff. 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). 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). Accordingly, the City is hereby ordered, within ten (1 0) day ofthis order, to provide Mr. Bennett with the requested records. If the City maintains that any portion ofthe responsive records are exempt from disclosure it may, within ten (10) days provide to Mr. Bennett and OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. James Timmins SPR14/547 Page Two October 30, 2014 this office a written explanation, with specificity, how a particular exemption applies to each record. In the event a request for reconsideration is honored by this office an acknowledgment will be provided to all parties, followed by a written determination y this office, to be provided within fifteen (15) business days. Requests for reconsideration fil d more than thirty (30) days after the date of this letter will not be considered. n . Supervisor of Records cc: Mr. Ben Bennett