Patrick Higgins v. Springfield, City of (SPR 20170091)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supewisor of Records February 3,20 17 SPRl7109 1 Anthony I. Wilson, Esq. City Clerk City of Springfield 36 Court Street Springfield, MA 0 11 03 Dear Attorney Wilson: I have received the petition of Patrick Higgins appealing the response of the City of Springfield (City) to a request for public records. G. L. c. 66 $ 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Higgins requested "a date and time be set for me to inspect the executive session minutes of all public bodies of your municipality, whether draft, hand written or typed, and whether accepted, approved or not for the calendar year 2016." In a response dated January 11 ,2017 the City denied his request, claiming the responsive records are exempt fiom disclosure under G.L. c. 30A, $21 as it operates through Exemption (a) of the Public Records Law. G. L. c. 4, 9 7(26)(a). 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, $ 10A(d); 950 C.M.R. 32.03(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, $5 10(b), 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 4 19 Mass. 507, 5 11 (1 995) (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(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburton Place, Room 171 9, Boston, Massachusetts 021 08 (6 17) 727-2832- Fax: (617 ) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Anthony I. Wilson, Esq. Page 2 February 3,201 7 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:llwww.sec.state.ma.us/prelprepdflA~ ttorneys 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 January llthre sponse In its January I lthr esponse to Mr. Higgins the City claims it "must deny your request because it believes that the requested documents are exempt as public records pursuant to M.G.L. c. 30A, 521, also known as the "Executive Session" statute, a copy of which is attached. M.G.L. c. 30A, 521 operates through Exemption (a) to allow the withholding or redaction of records." You explained to an attorney on my staff that certain responsive records pertain to executive sessions whose purpose the City claims is ongoing. You also indicated the City would provide a supplemental response. This response must provide more detail regarding which records, if any, the City claims fall under the provisions G.L. c. 30A, 521. It should be noted that the nature of Mr. Higgins's request and the content of the City's response raise issues that potentially invoke the Open Meeting Law. An interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office. G. L. c. 30A, 5 23. It is recommended that, if appropriate, the parties contact the AGO should they seek a determination on this issue. Conclusion Accordingly, I will consider this appeal closed with the proviso that the City provide Mr. Higgins with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Patrick Higgins