Dalia Diaz v. Lawrence Community Access Television (SPR 20202228)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 1, 2020 SPR20/2228 James Ross Lawrence Community Access Television 468 Essex Street Lawrence, MA 01840 Dear Mr. Ross: I have received the petition of Attorney William H. Diadamo, representing Dalia Diaz and Rumbo News, appealing the nonresponse of the Lawrence Community Access Television (LCAT) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Attorney Diadamo recites Ms. Diaz‘s July 16, 2020 request for twelve (12) categories of records regarding the recent hiring of the Executive Director, within the possession of LCAT. 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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

James Ross SPR20/2228 Page 2 December 1, 2020 LCAT’s August 19th response LCAT responded on August 19th and acknowledged that LCAT has the records and provided no further response with regard to the producing the requested records. Current appeal In his November 17th appeal, Attorney Diadamo states, “Mr. Ross flatly refused to produce public records in his possession. This is a patent violation of G.L. c. 66 and 950 CMR 32.01, et seq. and in particular 32.06(2)…There is no justification for the failure to produce records, and his non-response is not an appropriate responses under the law.” LCAT’s August 19th response did not contain the specificity required in a denial of access to public records. LCAT must identify what records it has in its possession, custody or control that are responsive to Attorney Diadamo’s request. As a result, I find that LCAT did not satisfy its burden in responding to this records request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). To the extent that the requested records exist, I find LCAT must provide them in a manner consistent with the Public Records Law. G. L. c. 66, § 10(b). Order Accordingly, LCAT is ordered to provide Attorney Diadamo with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: William H. Diadamo, Esq.