Tiffany H. Knurek v. Merit Rating Board (SPR 20190774)

The Commonwealth of Massachusett William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

April 26, 2019 SPR19/0773; SPR19/0774 William Doyle, Esq. Massachusetts Department of Transportation 10 Park Plaza, Suite 5310 Boston, MA 02116

Dear Attorney Doyle:

I have received the petition of Ms. Tiffany Knurek appealing the nonresponse of the Massachusetts Department of Transportation (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Knurek requested “a copy of [a] document stating the date of my citation ticket being received at the RMV from the Springfield

Police Department; as well as the date where [the] citation ticket was batched into the Merit Rating Board system.”

The Public Records Law

Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response.

The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 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, § 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, § 10(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.

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

William Doyle, Esq. SPR19/0774; SPR19/0774 Page 2 April 26, 2019

If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records.

Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii).

As of the date of this letter, it is my understanding that the Department has not provided Ms. Knurek a response to her request for records. Communications with Attorney Doyle indicate that the Department intends to provide a response to Ms. Knurek.

Order

Accordingly, the Department is ordered to provide Ms. Knurek with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it’s Regulations without delay. 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,

leroa Mum

Rebecca S. Murray Supervisor of Records

ce: Ms. Tiffany Knurek