Taylor R. Campbell v. Quincy, City of - Office of the City Clerk (SPR 20191766)

The Commonwealth of Massachusetts William Francis Galvin, Secreta1y of the Commonwealth Public Records Division Rebecca S. Murray Sltpervisor o,(Records September 11, 2019 SPR19/1766 Nicole L. Crispo City Clerk Quincy City Hall 1305 Hancock Street 2nd Floor Quincy, MA 02169 Dear Ms. Crispo: I have received a petition from Taylor Campbell appealing the denial of the City of Quincy's Office of the City Clerk (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Taylor Campbell requested Tree Protection Ordinance documents. The City provided a response to the requestor on June 17, 2019. This office received an email from the requestor on August 28, 2019 requesting an appeal. The Public Records Law Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § 1O (a)-(b ). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). 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

Ms. Nicole L. Crispo SPR19/l 766 Page 2 September 11, 2019 Appeal In the August 28111 appeal the requestor states that the City's response lacked some or all records requested. Also the requestor contends the City "did not identify the records denied or the reasons for denial of records." It is unclear if the City possesses the records requested by Taylor Campbell. See G. L. c. 66, § 1O (a)(ii), (b )(ii), (iii). 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, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 1O (b )(iii). If the records are within the City's possession and they intend to withhold the documents an exemption must be provided as stated above. See G. L. c. 66, § 1O (b )(iv) ( custodian has the burden of establishing the applicability of an exemption). Accordingly, the City is ordered to review the requests made by the requestor and provide any requested records in accordance with the Public Records Law, its Access Regulations and this order 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Taylor Campbell