Martin Lind v. Department of Housing & Community Development (SPR 20200771)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 28, 2020 SPR20/0771 Adrian Walleigh, Esq. Public Records Officer Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 Dear Attorney Walleigh: I have received the petition of Martin Lind appealing the nonresponse of the Department of Housing and Community Development (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically on April 28, 2020, Mr. Lind requested “the procurement documentation for the HCD’s purchase of Open Path by Green River, particularly any RFP response and/or purchasing documents.” 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, § l0A(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. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Department provided Mr. Lind responsive records in an email dated May 22, 2020. 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

SPR20/0771 Adrian Walleigh, Esq. Page 2 May 27, 2020 Conclusion In light of the Department’s May 22nd letter, I will now consider this administrative appeal closed. Mr. Lind may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Martin Lind