Jim Haddadin v. Boston, City of - Public Records (SPR 20192028)

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

Rebecca S$. Murray Supervisor of Records

October 7, 2019 SPR19/2028

Shawn A. Williams, Esq. Director of Public Records Records Access Officer

1 City Hall Plaza, Room 615 Boston, MA 02201

~ Dear Attorney Williams:

[ have received the petition of Jim Haddadin appealing the nonresponse of the City of Boston (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32.08(1). Specifically, Mr. Haddadin requested any written guidelines the City uses to evaluate identified affidavits. Having received no response, he petitioned this office.

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.MLR. 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.

If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records.

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. SPR19/2028 Page 2 ; October 7, 2019

Order

. Despite communications between Mr. Haddadin and the City, no response has been provided. Accordingly, the City is ordered to provide Mr. Haddadin with a response to the _ request, 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,

Kolecce Manor

Rebecca S. Murray Supervisor of Records

ce: Jim Haddadin