Todd Wallack v. Office of the Comptroller (SPR 20180089)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Sicpervisor of Records February 2,201 8 SPR181089 Jenny Hedderman, Esq. Deputy Comptroller and General Counsel Office of the State Comptroller One Ashbnrton Place, 9thF loor Boston, MA 02108 Dear Attorney Hedderman: I have received the petition of Todd Wallaclc of the Boston Globe appealing the response of the Office of the Comptroller (Office) to a request for public records. G. L. c. 66, 5 10A; see 950 C.M.R. 32.08(1). Specifically, Mr. Wallack requested "1) Documents filed with the Office of the Comptroller seeking payment to Mintz Levin for legal fees related to the federal civil employment suit filed by John Bradley in 2013 against the Plymouth District Attorney's office and three individual defendants; 2) Any audits of the state settlements/judgments fund on file. The fund resides within the Office of the Comptroller's office." The Office responded on January 18,2018 and Mr. Wallaclc 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, 5 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, 5 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in 5 order to withhold a requested record. G. L. c. 66, 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfollc Dist. v. Flatlev, 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

Jenny Heddeman, Esq. Page 2 February 2,20 18 Cuvrent appeal In its initial January 181h response the Office indicated it did not have responsive records. In his appeal petition Mr. Wallack notes he is "asking for documents in the files of the Office of the Comptroller, which is subject to the public records law and obligated to produce copies of any documents it has in its file." Subsequent to the opening of this appeal, the Office notified Mr. Wallack that "[iln order to close this appeal we are preparing a response with records for this request which will be ready by close of business on this Friday February 2,201 8." You also informed a Public Records Division staff attorney on February 2'ld that "in order to close this appeal, and since this was a limited request, we are providing the available documents we have by the close of business today." Whereas this matter was opened based upon Mr. Wallack initially not receiving responsive records, I will now consider this administrative appeal closed with the proviso that the Office provides said records in the manner described above. 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. Wallack may appeal the substantive nature of the response within ninety days. 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Todd Wallack