Stevan Johnson v. Office of the Attorney General (SPR 20202454)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 22, 2020 SPR20/2454 Attorney Lorraine Tarrow Office of the Attorney General One Ashburton Place 18th Floor Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Mr. Stevan Johnson appealing the nonresponse of the Office of the Attorney General to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Johnson submitted a request for a copy of an identified record within the possession of the Office. Claiming to not yet have received a response, Mr. Johnson 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

Attorney Lorraine Tarrow SPR20/2454 Page 2 December 22, 2020 Conclusion It is unclear whether a response has been provided to this request. Accordingly, the Office is to provide Mr. Johnson with a response to the request, in a manner consistent with the Public Records Law and its Regulations as soon as practicable. 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: Mr. Stevan Johnson