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Arthur G. Grenier v. Beverly City Solicitor (SPR 20192553)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 12-31-2019
ClosedAppealDecision
SPR 20192553 is a Massachusetts Public Records Law appeal filed by Arthur G. Grenier concerning records held by Beverly City Solicitor, opened 12-31-2019. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20192553
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Arthur G. Grenier
- Custodian
- Beverly City Solicitor
- Date Opened
- 12-31-2019
- Date Closed
- 01-13-2020
- Date Request Submitted
- 12-02-2019
- Response Provided Date
- 12-17-2019
- Petitions Regarding Fees
- No
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S, Murray Supervisor of Records January 13, 2020 SPR19/2553 Kevin Corridan Assistant City Solicitor City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Kevin Corridan: I have received the petition of Arthur G. Grenier appealing the non-response of the City of Beverley (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32,08(1). Specifically, on December 2, 2019, Mr. Grenier requested records concerning “the policy, procedure, general order or written directives that pertain to the use of confidential informants.” 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.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, Conclusion Subsequent to the intervention by a staff member of the Public Record’s Division, I learned that the City provided Mr. Grenier a response dated January 13, 2020. In light of the City’s January 13" letter, I will now consider this administrative appeal closed. Mr. Grenier may appeal the substantive nature of the City’s response within ninety days. See 950 C.MLR. 32.08(1). 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 SPR19/2553 Kevin Corridan Page 2 January 13, 2020 Sincer loan Kleen S. Murray : / Supervisor of Records _ ec: Arthur G. Grenier