Andrew Quemere v. Worcester, City of - Office of the District Attorney (SPR 20191694)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 4, 2019 SPR19/1694 Lindsay Corcoran Deputy Communications Director Worcester County District Attorney's Office 225 Main Street, 0301 Worcester, MA O1 608 Dear Ms. Corcoran: I have received the petition of Andrew Quemere appealing the response of the Worcester County District Attorney's Office (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Quemere requested the following categories of records: "• All contracts and other agreements with [an identified individual] and with the organization Dental Leaders • All invoices from [ an identified individual] and Dental Leaders • All reports prepared by [ an identified individual] and/or Dental Leaders" Previous appeal This request was the subject of a previous appeal. See SPR19/1669 Determination of the. Supervisor of Records (August 16, 2019). I closed SPR19/1669 with the understanding that the Office was working on providing Mr. Quemere with a written response aimed at addressing the concerns outlined in his appeal. The Office responded on August 19, 2019. Unsatisfied with the Office's response, Mr. Quemere petitioned this office and this appeal, SPR19/1694, was opened as a result. This appeal pertains to Iten~ 3 only. The Public Records Law The Public Records Law strongly favors disclosure by creatfog 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 stah1tory exemption. G. L. c. 4, § 7(26). 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

Lindsay Corcoran SPR19/1694 Page 2 September 4, 2019 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, § 1O (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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Office's August 191 response " In its August 19, 2019 response, the Office indicates that" ... it is unable to perform a search for 'all reports' as [Mr. Quemere] [has] requested because [it] do[ es] not maintain a database of reports." Based on the Office's response, it remains unclear whether the Office possesses responsive records. In accordance with the Public Records Law, a custodian is expected to use their superior lmowledge of the records in their custody to assist the requestor in obtaining the desired information. 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, § IO(a)(ii). A records access officer must explain whether it possesses any other responsive records and use its lmowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § lO(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). The Office is further advised that public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § lO(a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979). Consequently, I find the Office must confirm whether responsive records exit. Order Accordingly, the Office is ordered to provide Mr. Quemere with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. 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.

Lindsay Corcoran SPR19/1694 Page 3 September 4, 2019 Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere