Colman Herman v. Boston, City of - Public Library (SPR 20160161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 18, 2016 SPR16/161 Ms. Melina Schuler Boston Public Library 700 Boylston Street Boston, MA 02116 Dear Ms. Schuler: I have received the petition of Colman Herman appealing the nonresponse of the Boston Public Library (Library) to a February 8, 2016 request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of all communications between and among "the library, and The Catered Affair and WGBH," between November 10, 2015 and the date of the request to the extent that such communications relate to "an agreement" between the three parties. Despite our letter to you dated March 10, 2016 acknowledging the opening of this appeal and communication with a member of my staff, no response has been issued. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(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). I find the Library has failed to respond to a request for public records. Accordingly, the Library is hereby ordered, within ten (10) days ofthis order, to provide Mr. Herman with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. If the Library maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Herman a written explanation, with specificity, how a particular exemption applies to each record. To meet the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Melina Sherman SPR16/161 Page 2 March 18, 2016 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 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. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer genet 1 questions regarding the Public Records Law. In addition, members of my staff will visit a reco ds custodian in person to conduct training workshops on the Public Records Law upon re uest. Please contact my office directly at the telephone number provided in this deter · tion or further information. illiams cc: Mr. Colman Herman