Todd Feathers v. Gloucester, City of - Legal Department (SPR 20160818)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 18, 2016 SPR16/818 Ms. Krisna M. Basu, Esq. Assistant General Counsel City of Gloucester Legal Department City Hall Nine Dale A venue Gloucester, MA 01930 Dear Attorney Basu: I have received the petition of Todd Feathers of The Lowell Sun appealing the response of the City of Gloucester-Law Department (City) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Feathers requested copies of any records regarding Thomas A. Mullen, Esq., and APD Management, respectively, regarding the scope of work either Attorney Mullen or APD Management performed for the City, including any "contracts, invoices and instructions." The City denied this request in its entirety, citing exemptions but otherwise failing to state what records exist, and the applicability of any of the exemptions to any existing requested records. Mr. Feathers appealed. 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 ofthe 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Krisna M. Basu, Esq. SPR16/818 Page2 October 18, 2016 cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Order I find the City has failed to properly respond to a request for public records. Its response is merely a recitation of exemptions without any specificity to provide a nexus between the exemption and any responsive records. Accordingly, the City is hereby ordered to provide Todd Feathers with a revised 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. ervisor of Records cc: Mr. Todd Feathers