Quan Doe v. Worcester, City of - Law Department (SPR 20220833)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 11, 2022 SPR22/0833 Janice E. Thompson, Esq. Assistant City Solicitor City of Worcester 455 Main Street, Room 301 Worcester, MA 01608 Dear Attorney Thompson: I have received the petition of Quan Doe appealing the response of the City of Worcester (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 24, 2022, Mr. Doe requested records relating to surety bonds and insurance for named individuals. The City responded on April 1, 2022. Unsatisfied with the response, Mr. Doe petitioned this office and this appeal, SPR22/0833, 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 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) (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). 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

Janice E. Thompson SPR22/0833 Page 2 April 11, 2022 The City’s April 1st response In its April 1st response the City stated, “[t]he City has repeatedly responded to your requests and provided any responsive records it possesses. In most cases the City possesses no responsive records.” In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Doe in his appeal petition, I am unable to issue a determination at this time. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, - ~ ,-,,' . ' ·- ' · Rebecca S. Murray Supervisor of Records cc: Quan Doe