Lisa Parr v. Medford, City of - Law Department (SPR 20220107)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 1, 2022 SPR22/0107 Kimberly M. Scanlon, Esq. City Solicitor Records Access Officer City of Medford City Hall 85 George P. Hassett Drive Medford, MA 02155 Dear Attorney Scanlon: I have received the petition from Lisa Parr appealing the response from the City of Medford (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 30, 2021, Ms. Parr requested “the state extract of the most recent town resident list in electronic tabular format.” The City provided a response on January 3, 2022. Unsatisfied with the response, Ms. Parr petitioned this office and this appeal, SPR22/0107, 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. 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. 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

Kimberly M. Scanlon, Esq., RAO SPR22/0107 Pg. 2 February 1, 2022 The City’s January 3rd Response On December 23, 2021, the City provided Ms. Parr with records and stated, “[t]his is the best [the City] can get the data was overlayed by the State, and this extract was created.” The City further explained on January 6, 2022 that “[t]he information you have been sent is what is available to the public for public view. There is ‘Restricted Information’ in some extracts that is considered part of the ‘Public Safety Code’. A #3 Extract or Complete Extract is not available to the public, even under a public records request. I hope you can at least use some of the data in the 3 extracts that were sent to you to achieve your goals.” In his appeal to this office, Ms. Parr contends the response was incomplete and explained “[t]he clerk is refusing to provide me with the state extract as requested. She is claiming that the occupation column is private.” Based on the City’s response, it is unclear what exemption it is claiming to withhold the requested information. If the City intends to withhold portions of the records pursuant to the Public Records Law, an exemption must be provided. See G. L. c. 66, § 10(b)(iv) (custodian has the burden of establishing the applicability of an exemption and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based). Conclusion Accordingly, the City is ordered to provide Ms. Parr 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: Lisa Parr Sandra Burbine-Gale