Igor Greenwald v. Pittsfield, City of - City Clerk (SPR 20190329)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2019 SPR19/0329 Michele M. Benjamin City of Pittsfield - City Clerk 70 Allen Street Pittsfield, MA 02101 Dear Ms. Benjamin: I have received the petition of Igor Greenwald appealing the response of the City of Pittsfield (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, on September 19, 2018, Mr. Greenwald requested the following records: 1. "Case citations and related court docket information for any legal claims filed against the City of Pittsfield over the actions of its police officers since Jan. 1, 2014. 2. "An itemized list of the sums paid out by the City of Pittsfield or its insurer since Jan. 1, 2014 as a consequence of such claims, along with a brief description of the nature of each claim" 3. "Copies of all legal settlements executed by the city since Jan. 1, 2016 over allegations of misconduct by Pittsfield police officers." Previous appeal This request was the subject of a previous appeal. See SPR18/2006 Determination of the Supervisor of Records (December 18, 2018). I closed SPR18/2006, based on the City's provision of a response on December 12, 2018. Unsatisfied with the City's response, Mr. Greenwald petitioned this office and this appeal, SPR19/0329, 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). 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 M. Benjamin SPR19/0329 Page 2 February 25, 2019 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. The City's December Jih response In its December 12, 2018 response, the City indicates that the records are exempt from disclosure Pursuant to Exemptions ( c) and ( d) of the Public Records Law, as well as the common law attorney-client privilege claim and work product doctrine. The City asserts that " ... [a]fter a diligent search, it was determined that [it] has no, non-exempt, documents that would be responsive to [Mr. Greenwald's] request." The City also states that it" ... maintains a general liability policy .... [t]he City's insurance carrier has entered into settlement agreements naming the City as a released party during the time specified in [Mr. Greenwald's] request, however, those documents are not maintained by the City." Subsequent to the opening of this appeal, I learned that on February 25, 2019, the City provided Mr. Greenwald with a supplemental response indicating when certain responsive records would be provided. Conclusion Accordingly, whereas this appeal was opened because of the City's failure to provide responsive records, I will now consider this administrative appeal closed. Mr. Greenwald may appeal the substantive nature of the City's response within ninety calendar days. See 950 C.M.R. 32.08(1). Sincerely, ~MtuMAM J Rebecca S. Murr:y -- - - Supervisor of Records cc: Igor Greenwald