Jim O' Connor v. Office of Consumer Affairs and Business Regulation (SPR 20192096)

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

Rebecca S. Murray Supervisor of Records

October 28, 2019 SPR19/2096 Janelle Hardiman Records Access Officer Office of Consumer Affairs and Business Regulation 501 Boylston Street, Suite 5100 Boston, MA 02116

Dear Ms. Hardiman:

I have received the petition of Jim O’Connor appealing the response of the Office of Consumer Affairs and Business Regulation (OCABR) to a request for public records. G. L. c, 66, § 10A; see also 50 C.M.R. 32.08(1). Specifically, Mr. O’Connor requested “copies [of] all resumes and professional work histories of assistant undersecretary Charles Borstel. Among those documents I am seeking the resume, work history, and qualifications submitted when he became director of the DPL.”

The Public Records Law

The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. ¢. 66, § 10A(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, § 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.

Current Appeal

Subsequent to the intervention by a staff member of the Public Records Division, I learned that OCABR intends to provide a supplemental response to Mr. O’Connor containing . 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 .

Ms, Janelle Hardiman - SPR19/2096 Page 2 October 28, 2019

Accordingly, OCABR is ordered to provide a response to Mr, O’Connor consistent with this order, the Public Records Law, and its Access Regulations within ten (10) business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. O’Connor may appeal the substantive nature of OCABR’s response within ninety days. See 950 C.MLR. 32.08(1).

Sincerely, Rebecca S. Murray

Supervisor of Records ce: Jim O’Connor