Stephen Stoute v. Office of the Attorney General (SPR 20180711)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 30,2018 SPR181711 Lorraine A.G. Tarrow, Esq. Office of the Attorney General One Ashburton Place Boston, MA 021 08 Dear Attorney Tarrow: I have received the petition of Stephen Stoute appealing the nonresponse of the Office of the Attorney General (Office) to a request for public records. G. L. c. 66, fj 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Stoute requested records regarding a certain visit to the Office. Having received no response, Mr. Stoute petitioned this office. Tlze 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, fj 1O A(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, fj 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, fj 10(b)(iv); 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, fj lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Despite being notified in writing of the opening of appeal and several communications from a member of the Public Records Division staff, no response has been provided. Accordingly, the Office is ordered to provide Mr. Stoute with a response to the request, provided One Ashburton Place, Room 17 19, Boston, Massachusetts 02 108 * (6 17) 727-2832. Fax: (617 ) 727-59 14 sec.state.ma.us/pre pre@sec.state.ma.us

Lorraine A.G. Tarrow, Esq. Page 2 May 30,2018 in a manner consistent with this order, the Public Records Law and its Regulations within ten (1 0) 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 pre0,sec.state.ma.u~. Sincerely, Rebecca S. Murray C/ Supervisor of Records cc: Stephen Stoute