Andrew McIsaac v. Thomas Crane Public Library (SPR 20170479)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 10, 2017 SPR17/479 Megan Allen Director, Library Department City of Quincy 40 Washington Street Quincy, MA 02169 Dear Ms. Allen: I have received the petition of Andrew Mclsaac appealing the response of City of Quincy-Thomas Crane Public Library (City) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, on April 5, 2017 Mr. Mclsaac requested "all Thomas Crane Public Library - Main Branch hold lists created on April 5, 2017." In a response dated April 7, 2017, the City denied his request, claiming the responsive record may be withheld under G.L. C. 78, §7. 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, § lOA(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, § lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. 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, § 1O (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 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Megan Allen SPR17/479 Page 2 April 10, 2017 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. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of the Public Records Division 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. Exemption (a) In the City's April 7 response, a representative from the City notes their intention to withhold information pertinent to Mr. Mclsaac's request under G.L. c. 78, § 7. It should be noted that the Library must cite an exemption to the Public Records Law, specifically Exemption (a), if it is claiming a record is exempted from disclosure by statute. G. L. c. 66, § lO(b)(iv); G. L. c. 4, § 7(26)(a). Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney Gen. v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either "shall not be a public record," "shall be kept confidential" or "shall not be subject to the disclosure provision of the Public Records Law." G.L. c. 78, § 7 provides in pertinent part: That part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four. I understand a staff member of the Public Records Division spoke with a representative from the City regarding this appeal.

Megan Allen SPRl 7/479 Page 3 April 10, 2017 Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the City intends to provide a supplemental response. Accordingly, I will consider this appeal closed with the proviso that the City provide Mr. Mclsaac with a supplemental response with 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. Mr. Mclsaac may appeal the substantive nature of the City's response within ninety (90) days. See 950 C.M.R. Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Mc Isaac cc: Stephen J. Durkin, Esq.