Laura Crimaldi v. Gloucester, City of - Legal Department (SPR 20160837)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records October 19, 2016 SPR16/837 Ms. Krisna M. Basu, Esq. Gloucester Law Department 9 Dale A venue Gloucester, MA 01930 Dear Attorney Basu: I have received the petition of Laura Crimaldi of The Boston Globe appealing the response of City of Gloucester- Legal Department (City) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Crimaldi requested records pertaining to paid leave and internal investigations related to a specifically identified individual. In a response dated September 26, 2016, the City denied access to responsive records under Exemptions (c) and (f) of the Public Records Law. G. L. c. 4, § 7(26)(c), (f). 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, § lO(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, § lO(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, § lO(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. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Ms. Krisna M. Basu, Esq. SPR16/837 Page2 October 19, 2016 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § IO( a); see also 950 C.M.R. 32.06(2) (where cost of complying with a 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 reqq,esting 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. The City's response lacks specificity to deny access to records The City's response did not contain the specificity required in a denial of access to public records. Instead, the City's response cites Exemptions ( c) and (f) without any further explanation as to the exemption's applicability to the requested records. The City is not permitted to issue a blanket denial without providing any further information with respect to the requested records. As a result, I find that the City failed to satisfy its burden in responding to this records request. I understand an attorney on my staff contacted you about this matter and the City indicated it would provide a supplemental response. Order Accordingly, I will consider this appeal closed with the proviso that the City provide Ms. Crimaldi with a 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. r of Records cc: Ms. Laura Crimaldi