Arthur G. Grenier v. Lawrence, City of - Office of the City Clerk (SPR 20211577)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 9, 2021 SPR21/1577 Damarys Ruiz Acting City Clerk Office of the City Clerk City of Lawrence 200 Common Street Lawrence, MA 01853 Dear City Clerk Ruiz: I have received the petition of Artie Grenier appealing the response of the City of Lawrence (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2021, Mr. Grenier requested a “CAD/Call Log” for an identified address. Mr. Grenier also requested “any stolen motor vehicle reports, recovered stolen motor vehicle reports and/or Incident/Arrest Reports” regarding an identified car. The City provided a response to Mr. Grenier. Unsatisfied with the City’s response, Mr. Grenier petitioned this office and this appeal, SPR21/1577, 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. 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

Damarys Ruiz SPR21/1577 Page 2 July 9, 2021 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. The City’s June 2nd response In its June 2, 2021 response, the City states “the records requested are not within the possession, custody, or control of the records access officer. The records may be in the possession, custody, or control of another City Department as referenced.” In Mr. Grenier’s appeal to this office on June 25, 2021, he states that in a “[f]ollow up email to RAO on June 23, 2021” his request was not answered. Records in existence The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). In light of the issues raised by Mr. Grenier, I find it is unclear whether responsive records exist. The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide Mr. Grenier with a response to the request, provided 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Artie Grenier