Nora R. Adukonis v. Gloucester, City of - Legal Department (SPR 20190865)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 1, 2019 SPR19/865 Charles J. Payson, Esq. Gloucester Legal Department City Hall 9 Dale A venue Gloucester, MA 01930 Dear Attorney Payson: I have received the petition of Attorney Nora R. Adukonis appealing the non-response of City of Gloucester (City) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1) Specifically on April 16, 2019, Attorney Adukonis requested, "everything in the building department file relating to Sandpiper Bakery, 65 Middle Street, Gloucester MA, from January 1, 2017 to the present, including permits, permit applications, inspections, approvals, complaints, and other materials." 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. Conclusion Subsequent to the intervention by a member of the Public Records Division, it is my understanding that the City provided Attorney Adukonis a response dated April 30, 2019. 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

SPR19/865 Attorney Payson Page 2 May 1, 2019 In light of the City's April 30th letter, I will now consider this administrative appeal closed. Attorney Adukonis may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, . ~y~ Supervisor of Records cc: Nora R. Adukonis, Esq.