Jim Haddadin v. Boston, City of - Inspectional Services Department (SPR 20191989)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 10, 2019 SPR19/1989 Shawn A. Williams, Esq. Director of Public Records Records Access Officer City of Boston 1 City Hall Plaza, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Jim Haddadin appealing the response of the City of Boston's Inspectional Services Department (Depa1iment) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Haddadin requested access to and copies of all written records that pertain to an identified construction accident. In response, the Department provided copies of several permits that were issued for the worksite as well as four violation notices issued after the accident. Mr. Haddadin then contacted a media liaison for the Depaiiment stating his request sought all Written records that pertained to the accident. Subsequently, the liaison provided a one-page memo. Given the severity of the accident, Mr. Haddadin feels additional records exist that have not yet been provided. Tlte 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. 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

Shawn A. Williams, Esq. SPR19/1989 Page2 October 10, 2019 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. In light of the issues raised in Mr. Haddadin's appeal, it is unclear whether additional responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Haddadin with a response to the request, provide additional records if they exist, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten ( 10) 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, ~~ Supervisor of Records cc: Jim Haddadin