Michael J. Long, Esq. v. Lowell, City of - Public Schools (SPR 20181230)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 28, 2018 SPRlS/1230 Rachel M. Brown, Esq. First Assistant City Solicitor City of Lowell - Law Department 3 7 5 Merrimack Street, 3 r Floor Lowell, MA 01852 Dear Attorney Brown: I have received the petition of Attorney Michael Long appealing the nonresponse of the City of Lowell Law Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Long requested all Lowell School Committee policies regarding an identified position. Having received no response, he petitioned this office. 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

Rachel M. Brown, Esq. SPR18/1230 Page2 August 28, 2018 The City's August 14, 2018 letter Subsequent to the opening of this appeal, the City provided a response dated August 14th that explains Attorney Long submitted requests for records on July 26, 2018 and July 27, 2018 that were "almost identical." The City notes it responded to the July 26th request on August 1o th. The City asks for "ten additional days to respond to Attorney Long's July 27 public records request." Conclusion Accordingly, the Department is hereby ordered to provide Attorney Long with a response to the July 2ih request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Long, Esq.