Robert Shultz v. Division of Capital Asset Management and Maintenance (SPR 20180920)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 6, 2018 SPRlS/920 Aimee Sobinski Division of Capital Asset Management and Maintenance Building Operations Maintenance Office Springfield State Office Bldg. Room 130 436 Dwight Street Springfield, MA O1 103 Dear Ms. Sobinski: I have received the petition of Robert Shultz appealing the response of the Division of Capital Asset Management and Maintenance (DCAMM) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on June 14, 2018 Mr. Shultz submitted a "CCTV Request Form" seeking a certain recording or snap shots of the recording. DCAMM denied access to the record and Mr. Shultz 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, § 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. Reason for the request Please note that the reason for which a requestor seeks access to or a copy of a 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

Aimee Sobinski SPR18/920 Page 2 July 6, 2018 under the Public Records Law does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Current appeal In his appeal petition Mr. Shultz explains "I have not received any type of written response only a verbal explanation from the building manager, who is not the RAO." He notes that on June 20, 2018 the building manager told him that the head of security of the building denied providing the record to him, indicating "We don't do that." Mr. Shultz suggests that DCAMM generally provides this type of record because it has a readily available CCTV Request Form. I find DCAMM has not met its burden to justify withholding responsive records in their entirety. See Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10( a). DCAMM must confirm whether it possesses responsive records and, if it intends to withhold such records, identify any records, categories of records or portions of records that it intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based. G. L. c. 66, § lO(b)(ii)-(iv). I understand an attorney in the Public Records Division contacted you about this appeal. Conclusion Given that DCAMM did not meet its burden to explain how an exemption applies to the records, the requested records may not be withheld. Accordingly, DCAMM is ordered to review the records, redact where necessary, and provide Mr. Shultz with responsive records, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 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. DCAMM may file a request for reconsideration of this determination within 10 business days of the date of this determination letter. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Robert Shultz