Romani, Bernard v. Westfield, City of - Office of the City Solicitor (SPR 20150808)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords December 23, 2015 SPRlS/808 Ms. Susan C. Phillips, Esq. City Solicitor City of Westfield 59 Court Street Westfield, MA 01085 Dear Attorney Phillips: I have received the petition of Mr. Bernard Romani, Esq. appealing the response of the City of Westfield (City) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Romani requested real estate appraisal records regarding two specifically identified properties. You denied his request, claiming that the responsive records were exempt under Exemption (i) of the Public Records Law. G. L. c. 4, §7(26) (i). The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § IO(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, § 1 0( 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). Exemption (i) Exemption (i) applies to: appraisals of real property acquired or to be acquired until (1) a final agreement is entered into; or (2) any litigation relative to such appraisal has been terminated; or (3) the time within which to commence such litigation has expired OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Susan C. Phillips, Esq. SPR15/808 Page Two December 23, 2015 G.L. c. 4, §7(26)(i) The purpose of Exemption (i) it to provide governmental entities engaged in the acquisition of real property, either through a purchase or an eminent domain proceeding, the same degree of confidentiality that is afforded to private parties. The exemption ensures that the government will not be at a bargaining disadvantage by allowing the other party to use the Public Records Law to gain access to an appraisal prior to completion of negotiations or litigation. After a conversation with a member of my staff, you agreed to send a supplemental response to Attorney Romani, which you did on November 3, 2015. This November 3, 2015 letter provides more detail about the Exemption (i) claim. In your November 3, 2015 response, regarding the first property, you stated the Westfield Redevelopment Authority plans to request alternate funding from the City and will be doing so in the new calendar year. With regard to the second property, the City is in the process of negotiating a purchase and anticipates completion of the acquisition by the end of this calendar year. As a result, I find the City has met its burden to withhold the responsive records under Exemption (i) because they relate to the ongoing acquisition of real property. Whereas the City has properly denied Attorney Romani's request under Exemption (i) of the Public Records Law, your administrative appeal is now closed. cc: Mr. Bernard Romani, Esq.