Arthur G. Grenier v. Lowell, City of - Law Department (SPR 20192555)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records · January 14, 2020 SPR19/2555 John R. Hucksam Jr., Esq. Lowell Law Department 375 Merrimack Street, 3rd Floor Lowell, MA 01852 Dear Attorney Hucksam: I have received the petition of Arthur G. Grenier appealing the nomesponse of the City of Lowell (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on October 21, 2019 Mr. Grenier requested: 1. Tanko Lighting, completed an Investment Grade Audit of the City's exterior lighting (May 2017?). Seeking that report. 2. Regarding Pole 1O @ or near 176 Ennell Street & Pole 20@ or near 193 and/or 202 Hildreth Street: when those street lights were replaced/upgraded and any repairs and replacement since the LED upgrade please. 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, § IOA(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); 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. 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

Attorney Hucksam Jr. SPR19/2555 Page 2 January 14, 2020 Conclusion Subsequent to the intervention by a member of the Public Records Division, I learned that the City is aware of this request and is working on a response. As of the date of this letter, it is my understanding that the City has not provided Mr. Grenier a response to his request for records. Accordingly, the City is ordered to provide Mr. Grenier with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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, Rebecca S. Murray Supervisor of Records cc: Arthur G. Grenier