Wayne Napolitano v. Attorney General's Office (SPR 20202136)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 5, 2020 SPR20/2136 Lorraine A. G. Tarrow, Esq. Attorney General's Office One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Wayne Napolitano appealing the nonresponse of the Office of the Attorney General (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Napolitano contended he requested a disposition of a case within possession of the Office. As a result of the nonresponse, Mr. Napolitano petitioned this office and this appeal was opened. 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. The Department’s November 5th Response I learned that the Office had not received the public records request from Mr. Napolitano. On November 5, the Office confirmed receipt of a public records request from Mr. Napolitano for these records. Subsequently, I also learned that a representative from the Office intends on providing written a response to Mr. Napolitano in a timely manner. Accordingly, the Office 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

Lorraine A. G. Tarrow, Esq. SPR20/2136 Page 2 November 5, 2020 must provide Mr. Napolitano with a response in accordance with the Public Records Law and its Access Regulations. It is preferable to send an electronic copy of the response to this to this office at pre@sec.state.ma.us. Mr. Napolitano 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: Wayne Napolitano