Marc Levy v. Cambridge, City of - Law Department (SPR 20191383)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 26, 2019 SPR19/1383 Seah Levy Cambridge Law Department City Hall 795 Massachusetts A venue Cambridge, MA 02139 Dear Seah Levy: I have received the petition of Marc Levy of the Cambridge Day appealing the non response of the City of Cambridge (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). In this matter, it appears Mr. Levy requested "the file for Tex Mex Eats and its request for a popup alcohol license." Tile Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all govermnental 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 p01iion of the responsive record. Current Appeal Based on a conversation with a member of the Public Records Division staff, it is my understanding that Mr. Levy made this request in person and sent a follow up letter to the City on June 26, 2019. As of the date of this letter, it is my understanding that the City has not provided Mr. Levy a response. 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

Seahlevy SPR19/1383 Page 2 July 26, 2019 Conclusion In light of the June 26th letter, the City is to provide Mr. Levy with a response to the request, provided in a manner consistent with this order, the Public Records Law and its 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. This office encourages the City and Mr. Levy to communicate further to enable the City to provide the requested public records. G. L. c. 66, § lO(a)(i). 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 ofrecords at the time of the request. See G. L. c. 66, § 10( a)(ii). Sincerely, Rebecca S. Murray Supervisor of Records cc: Marc Levy