Stevan Johnson v. Department of Revenue (SPR 20202558)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 23, 2020 SPR20/2558 Roger H. Randall, Esq. Department of Revenue 100 Cambridge Street, 7th Floor Boston, MA 02114-2582 Dear Attorney Randall: I have received the petition of Stevan Johnson appealing the nonresponse of the Department of Revenue (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically on December 7, 2020, Mr. Johnson requested “a copy of any notification provided by the Division of Standards to you or your predecessors between October 22, 2009, and December 5, 2020, pursuant to M.G.L. c. 94, § 295B, with regard to (a) . . . procuring Motor Fuel License Number . . . for his eponymous EJT Management, Inc., at the taxicab garage located on the premises at . . . Kilmarnock Street, Boston, Massachusetts 02215, or (b) any renewal thereof.” 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 Subsequent to the intervention by a staff member of the Public Record’s Division, I learned that the Department provided Mr. Johnson records responsive to his request in an email dated December 23, 2020. 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

Roger H. Randall, Esq. SPR20/2558 Page 2 December 23, 2020 In light of the Department’s December 23rd response, I will now consider this administrative appeal closed. Mr. Johnson may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Stevan Johnson