Tracy Gallati v. Worcester, City of - Law Department (SPR 20202331)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 1, 2020 SPR20/2331 Michael Vigneux Records Access Officer Law Department City of Worcester Worcester, MA 01608 Dear Mr. Vigneux: I have received the petition of Tracy Gallati appealing the nonresponse of the City of Worcester (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 23, 2020, Ms. Gallati requested all records pertaining to: ● The City of Worcester’s right to draw water from the water sources within the boundaries of the Town of Leicester, which may stem from documents dating back to 1887. ● The Leicester Water Supply District or any other entity’s right to draw water from the Kettlebrook Reservoir for any reason whatsoever, which may stem from documents dating back to 1887. ● Existing and proposed interconnections to supply water to the Cherry Valley Rochdale Water District. ● All bills, invoices, metering and/or measures of any kind, submitted to or by the Cherry Valley Rochdale Water Supply District and/or the Cherry Valley Sewer District. 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 theNorfolk 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 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

SPR20/2331 Michael Vigneux Page 2 December 1, 2020 withheld or redacted portion of the responsive record. Conclusion I learned that the City provided Ms. Gallati a response dated November 27, 2020. In light of the City’s November 27th response, I will now consider this administrative appeal closed. Ms. Gallati may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Tracy Gallati Janice E. Thompson, Esq.