Tracy Gallati v. State Ethics Commission (SPR 20202330)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 27, 2020 SPR20/2330 Gerry Tuoti Public Information Officer State Ethics Commission One Ashburton Place, Room 619 Boston, MA 02108 Dear Mr. Tuoti: I have received the petition of Tracy Gallati appealing the nonresponse of the State Ethics Commission (Commission) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 12, 2020, Ms. Gallati requested all records in the Commission’s custody and control pertaining to various districts. 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 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. Conclusion In an email correspondence on November 27, 2020, I learned that the Commission provided Ms. Gallati a response dated November 2, 2020. In light of the Commission’s November 2nd response, I will now consider this 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

SPR20/2330 Gerry Tuoti Page 2 November 27, 2020 administrative appeal closed. Ms. Gallati may appeal the substantive nature of the Commission’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Tracy Gallati