Slavin, Michael v. Boston, City of - Inspectional Services Department (SPR 20150060)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 23, 2015 SPRlS/060 Ms. Angela L. Holm, Esq. Director of Human Services Inspectional Services Department 10 10 Massachusetts A venue, 5th Floor Boston, MA 02118 Dear Attorney Holm: I have received the petition of Michael J. Slavin appealing the response of the City of Boston Inspectional Services Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Slavin requested copies of written policies on sign in procedures for employees of the Housing Division. Mr. Slavin made these written requests on at least three occasions dating back to June 2013. In a December 1, 2014 response to his most recent request, dated November 25, 2014, you provided Mr. Slavin with a copy of the City of Boston's attendance policy. The basis ofMr. Slavin's appeal is that the information you provided was not responsive to his actual request. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. In addition, your written response to Mr. Slavin did not clearly state whether the responsive records exist in the possession of the Department. 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 ofthe Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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 also 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). The response by the Department did not contain the specificity required in a denial of access to public records. Accordingly, the One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Angela L. Holm, Esq. SPR15/060 Page Two March 23, 2015 Department is advised that to comply with the Public Records Law and Regulations it must provide specificity with respect to any denial of access to public records. This requires a records custodian to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records. Mr. Slavin's requests also included questions for which records may or may not be responsive. Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. A custodian is expected, however, to use his or her superior knowledge of the records to determine whether any existing record would be responsive to a question. I find the Department has failed to meet its burden to respond to a request for public records. Accordingly, Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Slavin with any remaining responsive records, in a manner consistent with this order, the Public Records Law and its Access Regulations. If the Department maintains that any portion of the responsive records are exempt from disclosure it must provide to Mr. Slavin a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. cc: Mr. Michael J. Slavin