Deborah Butler v. Framingham, City of - Mayor's Office (SPR 20190018)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 11, 2019 SPR19/0018 Michele Conway Records Access Officer City of Framingham - Mayor's Office 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Ms. Conway: I have received the petition of Deborah Butler appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on June 19, 2018, Ms. Butler requested "[a]ll applications/emails/ letters/submissions submitted to date for appointment to the Veterans Council." Previous appeals The requested record was the subject of previous appeals. See SPRl 8/1179 Determination of the Supervisor of Records (August 23, 2018); SPR18/1363 Determination of the Supervisor of Records (September 25, 2018); SPR18/1624 Determination of the Supervisor of Records (November 20, 2018); and SPR18/2033 Determination of the Supervisor of Records (January 2, 2019). I closed SPRl 8/2033 based the City's provision of a response on January 2, 2019. Contending that a portion of the responsive records was improperly redacted, Ms. Butler petitioned this office and this appeal, SPR19/0018, was opened as a result. 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 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

Michele Conway SPR19/0018 Page2 January 11, 2019 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, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Subsequent to the opening of this appeal, this was office was notified that the City provided a response dated January 8, 2019, which included an updated version of the responsive application which had been previously redacted. Conclusion Accordingly, whereas this matter was opened based upon the City's redaction of a responsive record, I will now consider this administrative appeal closed. Ms. Butler may appeal the substantive nature of the City's response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Deborah Butler