Moschella, Esq., William v. Newburyport, City of - Public Health (SPR 20150319)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 26, 2015 SPRlS/319 Mr. Robert Bracey City of Newburyport- Public Health Department 60 Pleasant Street Newburyport, MA 019 50 Dear Mr. Bracey: I have received the petition of Mr. William A. Moschella, Sr., Esq. appealing the non response of the City ofNewburyport (City) Public Health 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. [ ] requested copies of records related to the Hemy Graf Jr. Memorial Skating Rink, located at 28 Lowell Street in Newburyport. The basis of Attorney Moschella's appeal is that as of the date he submitted his petition to my office the Department had yet to properly respond to his request for records. The Department is hereby advised that a written request is not required but is recommended. An oral request made in person (not by telephone) is permitted. There is no specific form that must be used to request records, nor is there any language that must be included in such a request. A records custodian may provide a form, but cannot demand that the form be used. 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). Public records, and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a) (2008 ed.); see also Reinstein v. Police Comm'r ofBoston, 378 Mass. 281,289-90 (1979) (the statutory exemptions are not blanket in nature). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Robert Bracey SPR15/319 Page Two Date June 26, 2015 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. As of the date of this order this office is unaware of any response provided by the Department. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. Accordingly, the Department is hereby ordered, within ten (10) days ofthis order, to provide Attorney Moschella with the requested records. If the Department maintains that portions of any responsive record are exempt from disclosure it must provide to Attorney Moschella a written explanation, with specificity, how a particular exemption applies to each record. If the Department is planning to charge Attorney Moschella for the cost of complying with his public records request, he must be provided with a detailed written, good faith estimate in a manner that is consistent with the Public Records Law and its Regulations. Supervisor of Records cc: Mr. William A. Moschella, Esq.