Michael D'Isola, Esq. v. Medford, City of - Law Department (SPR 20192455)

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

Rebecca S. Murray Supervisor of Records

December 26, 2019 SPR19/2455

Kimberly M. Scanlon, Esq.

Assistant City Solicitor/Records Access Officer

Medford Law Department

Medford City Hall, Room 206

85 George P. Hassett Drive

Medford, MA 02155

Dear Attorney Scanlon:

I have received the petition of Attorney Michael D’ Isola of the Law Offices of Jeffrey S. Glassman, LLC appealing the nonresponse of the City of Medford (City) to a request for public records, G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1) Specifically, on September 16, 2019, Attorney D’Isola requested “all animal control records pertaining to any and all animals residing at the above location for the above dates.” On December 2, 2019, Samantha Comoletti, a paralegal from the firm, sent the City a letter reiterating the request.

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, § 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, § 10(b)(iv); 950 C.MLR. 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.

Conclusion

Tn an email dated December 11, 2019, the City states “I never received a response from Ms. Comoletti. In any event, now that I have an address to properly ascertain what, if any, records are within the possession of the City of Medford Animal Control Officer, I will respond

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 —

SPR19/2455 Kimberly M. Scanlon, Esq. Page 2 December 26, 2019

to Ms. Comoletti in a timely fashion. Lastly, Ms. Comoletti, please direct all future record requests to my attention so we can avoid further confusion.”

Subsequent to the intervention by a staff member of the Public Record’s Division, I learned that the City provided Attorney D’ Isola records responsive to his request in an email dated December 12, 2019.

In light of the City’s December 12" response, I will now consider this administrative appeal closed. Attorney D’Isola may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1).

Sincerely, abe S. Murray ,

Supervisor of Records

cc: Michael D'Isola, Esq.