Rhian M. J. Cull, Esq. v. Executive Office of Energy and Environmental Affairs - Department of Environmental Protection (SPR 20160630)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 2, 2016 SPR16/630 Ms. Sharon Weber Deputy Director Massachusetts Department of Environmental Protection Air and Climate Programs Division One Winter Street, 6th Floor Boston, MA 021 08 Dear Deputy Director Weber: I have received the petition ofRian M.J. Cull, on behalf ofher client Parsons Corporation appealing the response of the Massachusetts Department of Environmental Protection (MassDEP) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, in a written request dated July 12, 2016 Ms. Cull requested copies of records associated with the Vehicle Inspection and Maintenance Program. It is my understanding the denial associated with this request was communicated during a conference call, and no written denial was provided. Tlte 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). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Sharon Weber SPR16/630 Page2 September 2, 2016 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 a Records Law. In addition, members of my staff will visit 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 MassDEP has failed to respond to a request for public records, as it failed to communicate its denial of access in writing. Accordingly, MassDEP is hereby ordered to provide Ms. Cull with a written response to the July 12 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. cc: Ms. Rian M.J. Cull