Michael LeBlanc v. MASSPORT (SPR 20200048)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pe111isor of Records January 23, 2020 SPR20/0048 Margarita Bardales Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, Massachusetts 02128 Dear Ms. Bardales: I have received the petition of Michael LeBlanc appealing the response of the Massachusetts Pmi Authority (MassP01i) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. LeBlanc requested "[a]ny and all security camera footage of a motor vehicle accident which occurred on the onramp in Terminal B of Logan International Airpmi, East Boston, MA, [o]n April 3, 2019 at 8:46 PM, and/or any other documentation related to the accident." This office received an email on January 9, 2020 from Mr. LeBlanc requesting an appeal stating MassPort has not produced records responsive to his request. Appeal Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be metwith a response within ten business days of receipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66 § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of the response. 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, § 1O (b )(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends One Ashbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Margarita Bardales SPR20/0048 Page 2 January 23, 2020 to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). As of the date of this letter, it is my understanding that Massport indicated it will be providing Mr. LeBlanc a response to his request for records. Accordingly, MassPort is ordered to provide Mr. LeBlanc any requested records in accordance with the Public Records Law, its Access Regulations and this order within ten business days. 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, ~ i l l ~ Supervisor of Records cc: Michael LeBlanc