C.J. Ferry v. Fall River, City of - Office of the Corporation Counsel (SPR 20160447)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 12, 2016 SPR16/447 Mr. Joseph I. Macy, Esq. Corporation Counsel City of Fall River Office of the Corporate Counsel One Government Center Fall River, MA 02722 Dear Attorney Macy: I have received the petition of C.J. Ferry of Spindle City Straight Talk appealing the response of City of Fall River-Office of the Corporate Counsel (City) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, C.J. Ferry requested an appointment to inspect all posts, messages, activities or communications through all social media platforms utilized by City Grant Coordinator Mike Aguiar. In a March 10, 2016 written response you stated that any such records "are personal postings which are not subject to the Public Records law, nor records the city maintains." C.J. Ferry appealed. Public Records Law 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). 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 also 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 general questions regarding the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Joseph I. Macy, Esq. SPR16/447 Page 2 July 12, 2016 Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number below for further information. Order In your response you failed to meet the burden of specificity to state whether Mr. Aguiar made or received any social media postings or messages in his capacity as City Grant ---------eoorclmator.-AccorcHngTy;tlieCityTslie:feoYoraerea to-proviae-GTFerry-wil:narevisea___ -- --- ------- -- response to the request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. 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. Shawn A. Williams Supervisor of Records cc: C.J. Ferry