Paul DeMeo v. Gardner, City of - Law Department (SPR 20200764)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 27, 2020 SPR20/0764 John M. Flick, Esq. City of Gardner Law Department 144 Central Street, Suite 201 Gardner, MA 01440 Dear Attorney Flick: I have received the petition of Paul DeMeo appealing the response of the City of Gardner (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on April 24, 2020, Mr. DeMeo requested “all e-mails, attachments, texts, and other correspondence sent and received…beginning with January 6th, 2020 and ending with May 8th, 2020…” of a named City Councilor. The City responded on May 8, 2020, indicating the request was “deficient.” Unsatisfied with the City’s response, Mr. DeMeo petitioned this office and SPR20/0764 was opened as a result. 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). The City’s May 8th Response In its May 8th response, the City states “[y]our request is deficient for the following reasons…[p]ublic records do not include documents of a personal nature…[y]our request fails to provide a reasonable description of the public records you are seeking…[y]our request simply provides a broad request…[y]our request, therefore, would presumably include documents that are private and, therefore, not of a public nature.” 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

John M. Flick, Esq. SPR20/0764 Page 2 May 27, 2020 Conclusion I encourage the parties to communicate to assist the City in providing the records in an efficient and affordable manner. The City may suggest possible modifications to the request to clarify or narrow the records being requested. G. L. c. 66, § 10(b)(iv). If outstanding issues remain, Mr. DeMeo may appeal further. Sincerely, Rebecca S. Murray Supervisor of Records cc: Paul DeMeo