Edward P. Sinni, Jr. v. Concord Fire Department (SPR 20201986)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 29, 2020 SPR20/1986 Thomas M. Judge Fire Chief Concord Fire Department 209 Walden Street Concord, MA 01742 Dear Chief Judge: I have received the petition of Edward Sinni appealing the response of the Concord Fire Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on August 5, 2020, Mr. Sinni requested “. . . all documentation including but not limited to notes, emails and/or any other communication methods (phone notes between you and the Fire Chief in Concord or any other public employee or videos of your test for example etc) detailing why you chose not to put into a record the difficulty you had in releasing my fire escape as well as ignoring that the fire escape violated its approved variance. . . . Additionally, I request any records containing these details should they exist. Finally, include any similar records from/created by the two (2) individuals accompanying you to and who witnessed your examination of my fire escape in December 2019 as well as their names and ranks.” Previous appeals The requested records were the subject of previous appeals. See SPR20/1451 Determination of the Supervisor of Records (September 3, 2020) and SPR20/1612 Determination of the Supervisor of Records (September 23, 2020). In my September 23rd determination, I directed the Department to clarify whether additional records exist. Subsequently, the Department provided a response on October 9, 2020. Unsatisfied with the Department’s response, Mr. Sinni petitioned this office and this appeal, SPR20/1986, 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 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

Chief Thomas M. Judge SPR20/1986 Page 2 October 29, 2020 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s October 9th response In its October 9, 2020 response, the Department states that it has provided Mr. Sinni with the requested documentation and indicates that it would provide Mr. Sinni with the video in a medium that he prefers. In an email correspondence dated October 16, 2020, Mr. Sinni states that the Department and he “. . . are working on a compatible means of transmission currently . . .” Conclusion Accordingly, I will consider this administrative appeal closed. Mr. Sinni 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: Edward Sinni