Stevan Johnson v. Newton, City of - Law Department (SPR 20192229)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 7, 2019 SPR19/2229 Emily Meehan Paralegal/Public Records Administrator City of Newton Law Department 1000 Commonwealth A venue Newton, MA 02459 Dear Ms. Meehan: I have received the petition of Stevan Johnson appealing the nonresponse of the City of Newton (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1) Specifically on October 15, 2019, Mr. Johnson requested, "any records in the possession, custody, or control your City or Town relative to the newspaper publication of (i) ordinances or bylaws and/or (ii) rules and orders, for the regulation of carriages and vehicles used therein for the conveyance of persons from place to place for hire." 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. (:onclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the City provided Mr. Johnson a response dated October 24, 2019. 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

SPR19/229 Emily Meehan Page 2 November 7, 2019 In light of the City's October 24111 letter, I will now consider this administrative appeal closed. Mr. Johnson may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~.~ Supervisor of Records cc: Stevan Johnson David A. Olson