Morgan Henderson v. Department of Revenue (SPR 20191081)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 13, 2019 SPR19/1081 Roger H. Randall, Esq. Tax Counsel Litigation Bureau Department of Revenue i 11 100 Cambridge Street, Floor Boston, MA 02114-2582 Dear Attorney Randall: I have received the petition of Morgan Henderson appealing the response of the Department of Revenue (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Morgan Henderson requested "the Planned Parenthood Federation lien in Sept. 2018." The Department responded on May 30, 2019 and Morgan Henderson appealed. 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. Appeal In its May 30th response the Department references G. L. c. 62C, § 21(a) but also 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

Roger H. Randall, Esq. SPR19/1081 Page 2 June 13, 2019 indicates that the record may be available from the Office of the Secretary of the Commonwealth or Registry of Deeds. Subsequent to the opening of this appeal the Department provided a supplemental response on June 6, 2019. As described in the Department's May 30th response, I understand that Morgan Henderson may obtain the requested record from the Office of the Secretary of the Commonwealth, specifically from the Corporations Division. Accordingly, I will consider this appeal closed. See G. L. c. 66, §§ 6A(b), lO(b)(iii). Sincerely, Rebecca S. Murray Supervisor of Records cc: Morgan Henderson