Catherine Christina v. Office of Public Safety and Inspections (SPR 20220796)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 13, 2022 SPR22/0796 Jean McCarthy Records Access Officer Division of Occupational Licensure Office of Public Safety and Inspections 1000 Washington Street, Suite 710 Boston, MA 02118 Dear Jean McCarthy: I have received the petition of Catherine Christina appealing the response of the Office of Public Safety and Inspections (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 10, 2021, Ms. Christina requested the following: Any and all communications relative to the modular home construction project and the manufactured buildings/components owned by William and Catherine Christina [located at a particular address] . . . including but not limited to any building inspections, meetings, reports, complaints, notifications, orders, directives and regulatory enforcement matters as to the same between the Town of Danvers . . . and the Office of Public Safety and Inspections Previous Appeals This request was the subject of previous appeals. See SPR21/2713 Supervisor of Records Determination (October 25, 2021); SPR22/0319 Supervisor of Records Determination (February 17, 2022). In my February 17th determination, I ordered the Office to provide this office with un- redacted copies of the responsive records for in camera inspection. Following phone conversations with this office on February 23, and March 3, 2022, an attorney for the Office agreed to provide the responsive records to Ms. Christina. Unsatisfied with the Office’s response, Ms. Christina appealed, and this case 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 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

Jean McCarthy SPR22/0796 Page 2 April 13, 2022 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 agency or municipality 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. Att’y 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. The Office’s March 18th Response In its March 18, 2022 response, the Office provides various responsive records to Ms. Christina. In her appeal petition, Ms. Christina contends that “records were withheld as OPSI even acknowledged it intended to do. OPSI failed to provide a list sufficiently identifying those records it unilaterally chose to withhold. [Mr. and Ms. Christina] request that the remaining documents responsive to [their] public record request be produced forthwith.” In an email on April 6, 2022, Mr. and Ms. Christina contend that they “also believe documents were withheld based upon [their] knowledge of certain reported exchanges between the State and Town during certain time periods. Also, the production made references other documents that did not appear present. In addition, there are attachments referenced in some documents but it appears they were not produced.” Please note that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In a phone conversation with this office on March 3, 2022, an attorney for the Office indicated that the Office intended to withhold some responsive records. However, in a subsequent phone conversation on April 11, 2022, the Office stated that it had instead decided to release all records responsive to Mr. and Ms. Christina’s request. The Office confirmed that it provided all responsive records to Mr. and Ms. Christina with the March 18th response, and is not withholding any responsive records. Conclusion Where the Office has confirmed that it has provided all records responsive to Mr. and Ms. Christina’s request, I will now consider this administrative appeal closed. If Mr. and Ms. Christina are not satisfied with the resolution of this administrative appeal, please be advised that

Jean McCarthy SPR22/0796 Page 3 April 13, 2022 this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, n,1 .. - ~, . ·. ~ - - I . ' . -' ' Rebecca S. Murray Supervisor of Records cc: Catherine Christina