Friedrich Lu v. Woburn Public Library (SPR 20213055)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 30, 2021 SPR21/3055 Hermayne Gordon Library Director Woburn Public Library 45 Pleasant Street Woburn, MA 01801 Dear Ms. Gordon: I have received the petition of Friedrich Lu appealing the response of the Woburn Public Library (Library) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 28, 2021, Mr. Lu requested, “… the name of the librarian (female, white, with long straight hair) who at 7 pm, Wednesday, Oct 27, 2021 manned the desk next to the cluster of four computers, a scanner and a printer/copier.” The Library responded on October 28, 2021. Unsatisfied with the response, Mr. Lu petitioned this office and this appeal, SPR21/3055, 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

Hermayne Gordon SPR21/3055 Page 2 November 30, 2021 The Library’s October 28th Response In its response, the Library stated, “… your request does not come under the umbrella of a public records request. Is there an issue that you would like to discuss with me? Please feel free to speak with me the next time you visit if you have questions.” No Duty to Create Records 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). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Conclusion Accordingly, I will now consider this administrative appeal closed. Mr. Lu may wish to clarify whether he is seeking particular records. Sincerely, Rebecca S. Murray Supervisor of Records cc: Friedrich Lu