Susan Petroni v. Framingham, City of - City Clerk (SPR 20210341)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 26, 2021 SPR21/0341 Todd C. Palmer Super Records Access Officer City of Framingham 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Mr. Palmer: I have received the petition of Susan Petroni of the Framingham Source, appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on January 4, 2021, Ms. Petroni requested “all emails from all 11 City Councilors on August 26-27, 2020 received or sent to their official city email addresses” and “all emails from all 11 City Councilors on May 20, 2020 received or sent to their official city email addresses.” Prior appeal This request was the subject of a prior appeal. See SPR21/0106 Determination of the Supervisor of Records (Supervisor) (January 29, 2021). In my January 29th determination, I ordered the City to provide Ms. Petroni with a response to her request. The City provided a response on February 2, 2021. Unsatisfied with the City’s response, Ms. Petroni petitioned this office and this appeal, SPR21/0341, 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends 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

Todd Palmer SPR21/0341 Page 2 February 26, 2021 to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). Current appeal On February 2, 2021, the City provided a response, indicating that an extension of time is necessary to provide the responsive records to Ms. Petroni. The City indicated that it would provide the records no later than 25 business days. See G. L. c. 66, § 10(b)(vi). Subsequent to the opening of this appeal, the City informed this office that it intends to provide Ms. Petronic with a supplemental response. Conclusion Accordingly, the City is ordered to provide Ms. Petroni with a supplemental response to her request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Petroni may appeal the substantive nature of the City’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Petroni