Jeff Brown v. Gloucester, City of - City Clerk (SPR 20210134)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 2, 2021 SPR21/0134 Krisna M. Basu, Esq. Assistant General Counsel City of Gloucester Legal Department 9 Dale Avenue Gloucester, MA 01930 Dear Attorney Basu: I have received the petition of Jeff Brown appealing the response of the City of Gloucester (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Brown requested: “[a] public document that shows all of the people and official titles/departments that are authorized to enforce (or will enforce), freshwater fishing laws in the [City’s] public water supplies. This request pertains to those individuals that have the authority to fine or remove anglers from public water supply areas. As I understand it, a Game Warden might have this authority. Also, in the future, a Ranger could have this authority. Please include these in the document if they apply.” 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). After this appeal was opened, the City provided a February 1, 2021 response to Mr. Brown and this office regarding the request and Mr. Brown’s petitioned for an appeal relating to the City’s prior response to his request. In the February 1st response, the City states, “[t]he City provided a link that provided Mr. Brown with the City’s ordinance in connection with the protection of public water supplies. A 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

Krisna M. Basu, Esq. SPR21/0134 Page 2 February 2, 2021 copy of that ordinance is attached. As you can see from that document, the public works director is the permitting authority. The City of Gloucester does not have a game warden or ranger.” The City further asserts, “… Mr. Brown asked for clarification of the public document as follows: “[a]s I understand this correctly, DPW Director can approach an angler and give him/her a citation (up to $1000) for fishing in a public water supply?” The City informed Mr. Brown and this office, “Mr. Brown is erroneously making reference to Sec. 23-63 which is specifically related to Sec. 23-61 – Cross Connection Control Requirements and is unrelated to his original public records request.” Conclusion Accordingly, whereas the City provided a response to this appeal, and addressed the issues in Mr. Brown’s original request, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jeff Brown Joanne M. Senos