Joseph Smeraldi v. Fitchburg, City of - City Clerk (SPR 20200690)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 8, 2020 SPR20/0690 Mary de Alderete City of Fitchburg 166 Boulder Drive, Suite 108 Fitchburg, MA 01420 Dear Ms. de Alderete: I have received the petition of Joseph Smeraldi appealing the response of the City of Fitchburg (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Smeraldi requested all communications pertaining to a particular violation issued. 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, § 10A(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. Previous appeal The requested records were the subject of a previous appeal. See SPR20/0557 Determination of the Supervisor of Records (March 31, 2020). In my March 31st determination, I found that the City provided a response and therefore closed the administrative appeal. 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

Mary de Alderete SPR20/0690 Page 2 May 8, 2020 Current Appeal In this current appeal, Mr. Smeraldi asserts that the City has additional records pertaining to the violation in question. In light of this information, a staff member of the Public Records Division reached out to the City to inquire about the availability of any additional records. In response to the inquiry, I learned that the City has performed a complete search, communicated with City employees pertaining to the violation, and found no additional responsive records. Further, I learned that a representative from the City intends on providing a supplemental written response. Accordingly, I consider this appeal closed. If Mr. Smeraldi is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § l0(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Smeraldi Mark Barbadoro, Building Commissioner