Christopher Piantedosi v. Office of the District Attorney - Middlesex District (SPR 20182084)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 8, 2019 SPRlS/2084 Emily Walsh, Esq. Office of the District Attorney - Middlesex District 15 Commonwealth A venue Woburn, MA 01801 Dear Attorney Walsh: I have receivedthe petition of Christopher Piantedosiappealing the response of the Office of the District Attorney - Middlesex District (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Piantedosi requested various categories of records concerning an ongoing case. 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. Current Appeal In a letter dated November 7, 2018, the Office expressed to Mr. Piantedosi that it "will not provide the requested records in response to [Mr. Piantedosi]'s request. It is within the motion judge's discretion to authorize such discovery as is deemed appropriate." Unsatisfied with the Office's response, Mr. Piantedosi petitioned this office and as a result SPRl 8/2084 was opened. 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

Attorney Walsh SPR18/2084 Page2 January 8, 2019 Conclusion Whereas the public records in question are the subject of a dispute in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b ). It should be noted that a change in the status of the litigation could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Christopher Piantedosi