Anthony Amore v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20181255)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 3 1,201 8 SPR1811255 Valerie J. Connolly Records Access Officer Office of the Secretary of the Commonwealth One Ashburton Place, Room 17 10 Boston, MA 02108 Dear Ms. Connolly: I have received the petition of Anthony Amore appealing the response of the Office of the Secretary of the Commonwealth - Administrative Services Division (Division) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Amore requested records related to a strategic plan. The Division responded on August 15,2018 and Mr. Amore 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 order to withhold a requested record. G. L. c. 66, 5 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 5 11 (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. Current appeal In its August 1j thr esponse the Division provided certain records and also sought further clarification regarding the records sought by Mr. Amore. See G. L. c. 66, 5 1O (b)(vii) (an agency 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

Valerie J. Connolly Page 2 August 31,2018 shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). In his appeal petition Mr. Amore appears to clarify what type of records he is seeking. Please be aware that appeals shall include a copy of the letter by which the request was made as well as a complete copy of all written responses associated with the request. -See 9 50 C.M.R 32.08(1)(g). In light of the clarification provided his appeal petition, Mr. Amore and the Division are encouraged to continue to communicate to facilitate providing responsive records in an efficient and affordable manner. See G. L. c. 66, 5 1O (a)(i), (b)(vii). Sincerely, Rebecca S. Murray Supervisor of Records cc: Anthony Amore