Jim Haddadin v. Office of the State Auditor (SPR 20200095)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 29, 2020 SPR20/0095 Michael P. Ruane, Esq. Deputy General Counsel Office of the State Auditor One Ashburton Place, Room 1819 Boston, MA 02108 Dear Attorney Ruane: I have received the petition of Jim Haddadin of NBC] 0 Boston appealing the response of the Office of the State Auditor (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Haddadin requested "copies of all Chapter 647 reports received by the [S]tate [A]uditor's [O]ffice from the Department of Early Education and Care between Jan. 1, 2019 and April 30, 2019." The Office initially responded on January 14, 2020 by providing certain records and denying access to others under Exemption (f) of the Public Records Law. G. L. c. 4, § 7(26)(f). 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, § 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. If there are any fees .associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Michael P. Ruane, Esq. SPR20/0095 Page 2 January 29, 2020 Appeal In its January 14111 response the Office identified two responsive records, specifically a February 27, 2019 Filing and a March 11, 2019 Filing. The Office provided the March 11, 2019 filing but withheld the February 27, 2019 filing under Exemption (f). Subsequent to the opening of the appeal, the Office provided the February 27, 2019 filing to Mr. Haddadin on January 28, 2020. In a January 29, 2020 email to this office Mr. Haddadin asserted" ... the Office of State Auditor has produced the record sought in SPR20/0095, and we therefore wish to close this appeal." As a result, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jim Haddadin