Oak G. Malden v. Malden City Clerk's Office (SPR 20200925)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 11, 2020 SPR20/0925 Greg Lucey Super RAO Clerk Department 110 Pleasant Street, First Floor Malden, MA 02148 Dear Greg Lucey: I have received the petition of Clark Larkins appealing the nonresponse of the City of Malden (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 27, 2020, Mr. Larkins requested various categories of records concerning the “Community Preservation Committee (CPC) FY2020 and CPC Applicant Friends of Oak Grove (FOOGI), and their FY2020 Application in connection with the Oak Grove Community Building.” 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 theNorfolk 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 City provided Mr. Larkins responsive records on June 11, 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

Greg Lucey SPR20/0925 Page 2 June 11, 2020 Conclusion In light of the City’s June 11th email, I will now consider this administrative appeal closed. Mr. Larkins may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Clark Larkins