Dan Shibilia v. Methuen, City of - City Clerk (SPR 20201990)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 21, 2020 SPR20/1990 John Wilson, Esq. Methuen City Clerk’s Office Searles Building, Room 112 Methuen, MA 01844 Dear Attorney Wilson: I have received the petition of Dan Shibilia appealing the nonresponse of the City of Methuen Clerk’s Office (Office) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Shibilia submitted a request for “all recordings, including but not limited to, the Zoom recording and the tape recorder recording from the July 13, 2020 executive session.” Claiming to not yet have received a response, Mr. Shibilia petitioned this office and this appeal 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). 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. 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 Wilson, Esq. SPR20/1990 Page 2 October 21, 2020 Order This office was notified that a response was provided, dated October 19, 2020. Whereas this matter was opened based upon the Office’s lack of a written response, I will now consider this administrative appeal closed. Mr. Shibilia may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Dan Shibilia