Brittany Anderson v. Department of Revenue (SPR 20191086)

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

Rebecca S. Murray Supervisor of Records

June 13, 2019 SPR19/1086

Roger H. Randall, Esq.

Tax Counsel

Litigation Bureau

Department of Revenue

100 Cambridge Street, 7" Floor Boston, MA 02114-2582

Dear Attorney Randall:

I have received the petition of Brittany Anderson appealing the response of the Department of Revenue (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Anderson requested “the Planned Parenthood Federation lien that started in Sept. 2018.” The Department responded on May 30, 2019 and Ms. Anderson 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, § 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.

Appeal

In its May 30™ 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. SPR19/1086 Page 2 June 13, 2019

indicates that the record may be available from the Office of the Secretary of the Commonwealth. Subsequent to the opening of this appeal the Department provided a supplemental response on June 6, 2019.

As described in the Department’s May 30" response, I understand that Ms. Anderson 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), 10(b) (iii).

Sincerely,

Ledeen

Rebecca S. Murray Supervisor of Records

cc: Brittany Anderson