Smith, Erin v. Massachusetts Clean Energy Center (SPR 20150375)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supen;isor ofR ecords June 26, 2015 SPRlS/375 Mr. Stephen L. Pike, Esq. Massachusetts Clean Energy Center 63 Franklin Street, 3rd Floor Boston, MA 0211 0 Dear Attorney Pike: I have received the petition of Erin Smith, of the Boston Herald, appealing the nomesponse of the Massachusetts Clean Energy Center (Center) to her request for public records dated April15, 2015. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Smith requested records of communications between the Center and "officials (or their representatives) for the potential marine terminal operators for the New Bedford terminal." Despite our letter dated May 21, 2015 and email exchanges with our office, we have not received a copy of your response. 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). In a June 18, 2015 email you assured a member of my staff that a response would be forthcoming. To date, this office has received no additional response from the Center. Accordingly, whereas the Center has not overcome the presumption that the requested records are public, the Center is hereby ordered, within ten (1 0) days of this order, to provide Ms. Smith with the requested records. If the Center maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Ms. Smith a written explanation, with specificity, how a particular exemption applies to each record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Stephen L. Pike, Esq. SPR15/375 Page Two June 26,2015 applies to the withheld or redacted portion of the responsive record. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. cc: Ms. Erin Smith