Collin Dias v. Fall River, City of - Office of the Corporation Counsel (SPR 20180379)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 5, 2018 SPR18/379; SPR18/407 Joseph I. Macy, Esq.· Corporation Counsel City of Fall River One Government Center Fall River, MA 02722 Dear Attorney Macy: I have received the petition of Collin Dias appealing the response of the City of Fall River City Clerk (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on February 5, 2018 Mr. Dias requested "[a]ll notes taken by Gen Anderade and Mayor Correia on candidates for boards in the City of Fall River starting from October of 2017;" and "[a]ll phone call records from Mayor Correia and Gen Anderade to candidates for boards in the [C]ity of Fall River starting from October of 2017." This request is the subject of both SPR18/379 and SPR18/407. The City provided responses on March 2, 2018, March 21, 2018, and March 22, 2018. 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, § 1O (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). The City's responses In its March 2nd response the City indicates "[p] lease be advised that there are no existing records." In its March 21st response the City explains "[p] lease be advised that any notes taken 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

Joseph I. Macy, Esq. SPR18/379; SPR18/407 Page 2 April 5, 2018 by Gen Andrade, Mayor's Chief of Staff, with respect to candidates for boards no longer exist. Any notes that may have been taken were destroyed after appointments were made, as the administrative use had concluded." On March 22, 2018, Mr. Dias inquired further regarding his request for phone records. Subsequently on that same day, the City explained "[t]here are no existing records related to the process for filling vacancies on boards/commissions." The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). In an email dated March 26, 2018, Mr. Dias notes "I am dropping the [a ]ppeal in relation to the request for notes taken by Gen Anderade." Further, in light of the City's March 22nd response explaining that there are no responsive records, I find the City has met its burden in responding to this request. See G. L. c. 66, § 1O (b )(ii). Sincerely, ~~· Rebecca S. Murray Supervisor of Records cc: Collin Dias Alison M. Bouchard, City Clerk