Joel Quick v. Nantucket Islands Land Bank (SPR 20222663)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 2, 2022 SPR22/2663 Jesse A. Bell Executive Director Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Dear Director Bell: I have received the petition of Joel Quick, Esq., of Pierce Atwood LLP, appealing the response of the Nantucket Islands Land Bank (Land Bank) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 24, 2022, Attorney Quick requested numerous documents regarding a particular address in Nantucket. The Land Bank responded on November 9, 2022. Unsatisfied with the response, Attorney Quick petitioned this office and this appeal, SPR22/2663, 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

Jesse A. Bell SPR22/2663 Page 2 December 2, 2022 The Land Bank’s November 9th Response In its November 9, 2022 response, the Land Bank cited pending litigation, See Nantucket Islands Land Bank v. Hunter S. Ziesing, et al. Land Court Case No. 22 MISC 000409. Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In a communication dated December 1, 2022, the Land Bank confirmed that the matter is currently pending before the Land Court. See Nantucket Islands Land Bank v. Hunter S. Ziesing, et al. Land Court Case No. 22 MISC 000409 and that the requested records are related to the proceedings. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Joel Quick, Esq.