Bongiorni, Anthony v. Division of Insurance (SPR 20150629)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 29, 2015 SPRlS/629 Ms. Mindy A. Merow Rubin, Esq. Counsel to the Commissioner Massachusetts Department of Insurance 10 00 Washington Street, Suite 810 Boston, MA 02118-6200 Dear Attorney Merow Rubin: I have received the petition of Anthony Bongiorni appealing the response of the Division oflnsurance (Division) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, on July 28, 2015, Mr. Bongiomi requested electronic copies of all documents filed in relation to Safety Insurance Company and Arbella Mutual Insurance Company's most recent homeowner's insurance rate filings with the Division. His request included any supplementary documents filed along with rate requests. In a July 28, 2015 email response, you informed Mr. Bongiorni that all documents related to rate filing are available for public review and copying by appointment at the Division office, and that Mr. Bongiorni could contact Carla Kelton for an appointment. Mr. Bongiorni took the Division's offer to review and copy the documents at your office as a denial of access, as it appeared to Mr. Bongiorni that the same records had already been provided to the Boston Globe newspaper. Therefore, Mr. Bongiomi petitioned this office. 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). In an August discussion with an attorney on my staff you explained that the Division was not denying Mr. Bongiomi access to the records. It is my understanding that the insurance rates are filed electronically with the Division, and as a convenience to requesters access to review and make copies of the filings can be done at the Division's office from publically available computer workstations. It is my understanding that had Mr. Bongiorni informed you that he does not live or work in the Boston area and would rather have the Division provide the records OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Mindy A. Merow Rubin SPR15/629 Page Two September 29, 2015 on a computer disk, you would have accommodated his request. By postal mail on August 19, 2015, you provided Mr. Bongiomi with a computer disk containing the responsive records, free of any applicable public records fee. You explained to an attorney on my staff that the Boston Globe acquired these records, prior to Mr. Bongiomi's request, by sending a member of their staff to the Division's office to access and copy them in the same manner as any other requester. Accordingly, whereas Mr. Bongiomi was provided wi the responsive records, this administrative appeal is closed. illiams cc: Mr. Anthony Bongiomi