Brian Petrini-Smith v. Framingham, City of (SPR 20211258)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 4, 2021 SPR21/1258; 21/1259; 21/1260; 21/1261 21/1262 Todd C. Palmer Super Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Palmer: I have received the petition of Brian Petrini-Smith appealing the responses of the City of Framingham (City) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Petrini-Smith requested the following records on May 3, 2021 and May 6, 2021, respectively:  all emails sent or received by [named individuals] between 3/30/2020 and the present which contain the term “2021-0468” in the body or subject line, including all attachments.  all emails sent or received or cc’d to . . . [named individuals] which contain the words “Alta Union” or “AUH” between 12/1/2020 and present;  all emails that include the City Solicitor that does not expressly seek an opinion must be included;  any emails that includes the City Solicitor that is subject to redaction of any sort can be omitted.  all emails sent by [named individual] where there was an entry in the BCC field. Dates to search 1/1/2021—5/6/2021.  all emails sent by [named individual] where [there] was an entry in the BCC field. Dates to search 1/1/2020-5/6/2021.  all emails sent by [named individual] where there was an entry in the BCC field. Dates to search 1/1/2021-5/6/2021. On May 17, 2021, the City indicated that it was in the process of compiling the records, and once it had a final count from each of the individuals whose emails Mr. Petrini-Smith 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 C. Palmer SPR21/1258; 21/1259; 21/1260; 21/1261; Page 2 21/1262 June 4, 2021 requested, it would respond further. Unsatisfied with the response, on May 20, 2021, Mr. Petrini- Smith petitioned the Supervisor, and this appeal was opened. 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 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). 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. Where the City indicated it was in the process of compiling the records, it is unclear whether the City has provided Mr. Petrini-Smith with any of the responsive records. Under the Public Records Law, if a municipality is unable to furnish a copy of a requested record within ten (10) business days, the municipality must inform the requestor in writing, and identify a reasonable timeframe in which the municipality shall produce the public record(s). For a municipality, the timeframe shall not exceed twenty-five business days following receipt of the request. See G. L. c. 66, § 10(b)(vi). Consequently, I find the City has not met its burden in responding to these requests. Therefore, the City must provide the outstanding records without unreasonable delay. See G. L. c. 66, § 10(a). To the extent possible, the City must provide the responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Petrini-Smith with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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.

Todd C. Palmer SPR21/1258; 21/1259; 21/1260; 21/1261; Page 3 21/1262 June 4, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Brian Petrini-Smith