Adam Vaccaro v. University of Massachusetts Building Authority (SPR 20160449)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 12, 2016 SPR16/449 Mr. David P. Mullen, Esq. General Counsel University of Massachusetts Building Authority One Beacon Street, 31st Floor Boston, MA 02108 Dear Attorney Mullen: I have received the petition of Adam Vaccaro of The Boston Globe appealing the response of the University of Massachusetts Building Authority (UMBA) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Mr. Vaccaro requested copies of records from January 2015 to the date of his request, relevant to the Bayside Expo Center property site. The 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 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 the responsive record. 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 general questions regarding the Public OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. David P. Mullen, Esq. SPR16/449 Page 2 July 12, 2016 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 provided in this determination for further information. Written response lacks specificity In a June 20, 2016 written response, you cited several exemptions to the Public Records Law. At the end of your letter you stated that after "a thorough search and in accord ith the exemptions provided, UMBA is of the opinion that there are no documentation responsive to [Mr. Vaccaro's] request." Mr. Vaccaro appealed this response. The UMBA has not explained whether it actually has any responsive records. Further, if the UMBA has no records it is unclear why it would cite any exemptions at all. An attorney on my staff telephoned your office to discuss this appeal, however was unable to reach you directly. Order I find the UMBA failed to properly respond to a request for public records, and has failed to rebut any presumption that any existing responsive records are public records. Accordingly, the UMBA is hereby ordered to provide Mr. Vaccaro with a revised response to his 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 pre rable to send an electronic copy of this response to this office at pre@sec.state.ma.us. 1 1ams Supervisor of Records cc: Mr. Adam Vaccaro