Hawkinson, John v. Cambridge, City of - Office of the City Solicitor (SPR 20150642)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 8, 2015 SPRlS/642 Ms. Anne Sterman, Esq. Assistant City Solicitor City of Cambridge Office of the City Solicitor 795 Massachusetts A venue Cambridge, MA 0213 9 Dear Attorney Sterman: I have received the petition of John Hawkinson appealing the response of the City of Cambridge (City) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Hawkinson requested copies of any decisions, determinations, or other records that explain why a web-based database plan module is not accessible to the public. In your response you stated that any records responsive would be exempt, to "the extent that any such record" exists. This response is not in compliance with the Public Records Law. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). It is the duty of a record custodian to use his superior knowledge of the records to assist a requester in obtaining the records 950 C.M.R. 32.05(4). The City has failed to state whether any responsive records actually exist; accordingly, I am unable to opine on the public status of any responsive records. Accordingly, the City is hereby ordered, within ten (10) days ofthis order, to provide Mr. Hawkinson with a revised response to his request for records. If the City maintains that any portion of any existing responsive records are exempt from disclosure it must, provide to Mr. Hawkinson a written explanation stating, with specificity, how a particular exemption applies to each existing record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Anne Sterman, Esq. SPR15/642 Page Two December 8, 2015 the responsive record. A copy of any such response must be provided to this office. It is preferable to send an electronic copy ofthis 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. ~ awn A. Williams Supervisor of Records cc: Mr. John A. Hawkinson