Scott J. McNamara v. Lawrence, City of - Legal Department (SPR 20160499)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 14, 2016 SPR16/499 Ms. Raquel D. Ruano Assistant City Attorney City Hall, Office of the City attorney 200 Common Street, room 306 Lawrence, MA 01840 Dear Attorney Ruano: I have received the petition of Scott J. McNamara appealing the response of the City of Lawrence (City) to a request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. McNamara requested a copy of an investigative report authored by a Labor/Human Resources Consultant related to the Personnel Department's investigation into hostile work environment claims. In a response dated June 10, 2016 the City denied his request in its entirety indicating that the records responsive to this public records request may relate to ongoing litigation. In its response the City failed to claim any exemption to the Public Records Law. 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Raquel D. Ruano SPR16/499 Page 2 July 14, 2016. request for public records is expected to exceed ten dollars ($10. 00), custodian of records shall provide written good faith estimate). Once fees are paid, a records custodian 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 general questions regarding the 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 provided in this determination for further information. Order I find the City has failed to respond to a request for public records. Accordingly, the City is hereby ordered to provide Mr. McNamara with a response to the request, provided 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. Very truly yours, Shawn A. Williams Supervisor of Records cc: Mr. Scott J. McNamara