Holmes-Kireilis, Jeanne v. Brockton, City of - Procurement Department (SPR 20150775)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords November 9, 2015 SPRlS/775 Mr. Philip C. Nessralla, Jr., Esq. City of Brockton-Law Department Brockton City Hall 45 School Street Brockton, MA 02303 Dear Attorney Nessralla: I have received the petition of Jeanne Holmes appealing the nomesponse of the City of Brockton-Law Department (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, on September 7, 2015, Ms. Holmes requested the opportunity to inspect and/or obtain a copy of the signed contract the specifically identified ambulance company. You acknowledged her request, in writing, on September 16,2015, however, despite our letter to you dated October 13,2015 acknowledging the opening of this appeal, as well as several follow-up messages from a member of my staff, no response was provided to this request. 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). Accordingly, whereas the Department has not overcome the presumption that the requested records are public, the Department is hereby ordered, within ten ( 10 ) days of this order, to provide Ms. Holmes with the requested records. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Ms. Holmes 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, OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Philip C. Nessralla, Jr., Esq. SPR15/775 Page Two November 9, 2015 but must also state why the exemption 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, § 1O (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, ou must provide the responsive records. illiams cc: Ms. Jeanne Holmes