John Saia v. Malden City Clerk's Office (SPR 20202490)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 17, 2020 SPR20/2490 Greg Lucey Malden City Clerk's Office 110 Pleasant Street, First Floor Malden, MA 02148 Dear Mr. Lucey: I have received the petition of John Saia appealing the nonresponse of the City of Malden (City) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Saia submitted a request for records relating to athletic fields and conservation records within possession of the City. Claiming to not yet have received a response, Mr. Saia 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. The City’s December 15th Response Subsequent to the request for an appeal, I learned that the City responded to Mr. Saia’s request with a response sent on December 15, 2020. Whereas the basis of this appeal was opened as a result of the City’s lack of a written response, I will now consider this administrative appeal 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

Greg Lucey SPR20/2490 Page 2 December 17, 2020 closed. Mr. Saia may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: John Saia