Morrison, Jim v. Governor's Council (SPR 20140712)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Director February 19, 2015 SPR14/712 Mr. George Cronin Keeper of the Records Governor's Council State House, Room 184 Boston, MA 0213 3 Dear Mr. Cronin: I have received the petition of Jim Morrison, a reporter for the Newton TAB appealing the nonresponse of the Governor's Council, also·known as the Executive Council, to his request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Morrison requested a specifically identified letter and all correspondence related to that letter. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(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, § lO(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). In a memo provided to this office you reminded the Councillors of Mr. Morrison's request. To date no satisfactory response has been provided. Accordingly, the Councillors are hereby ordered, within ten (10) days ofthis order, to provide Mr. Morrison with the requested records. If the Councillors maintain that any portion of the responsive records are exempt from disclosure they must, within ten (1 0) days provide to Mr. Morrison a written explanation, with specificity, how a particular exemption applies to each record. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. George Cronin SPR14/712 Page Two February 19, 2015 This administrative appeal is now closed. cc: Mr. Jim Morrison