Matt Magnarelli v. Lynn, City of - Office of the City Solicitor (SPR 20230551)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 5, 2023 SPR23/0551 James P. Lamanna, Esq. Assistant City Solicitor Records Access Officer City of Lynn 3 City Hall Square, Room 406 Lynn, MA 01901 Dear Attorney Lamanna: I have received the petition of Matt Magnarelli appealing the response of the City of Lynn (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 1, 2023, Mr. Magnarelli requested emails sent or received by a Lynn Ward Councilor referencing an identified news reporter or news agency, as well as specific words, “[f]rom 10/1/22 to the date the search is done.” The City responded on March 14, 2023. Unsatisfied with the response, Mr. Magnarelli petitioned this office and this appeal, SPR23/0551, 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); 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. 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

James P. Lamanna, Esq SPR23/0551 Page 2 April 5, 2023 The City’s March 14th Response In its March 14, 2023 response, the City advised that it was in the “... process of compiling all records responsive to your public records request of March 1, 2023. I did wish to make you aware that the search term ‘animal’ during the timeframe identified in your request in retrieving a large number of emails which may not relate to what you are seeking. . . . I will need to review these emails to determine whether any redactions are necessary. Should you wish to eliminate the word ‘animal’ from the keyword search, I believe that the City will likely be able to provide you a response by the end of the week.” Following the City’s response, on March 14th, Mr. Magnerelli modified his request and indicated, “[p]lease remove ‘animal’ from the search. . . .” In light of the above modification, it is unclear if the City possesses any records responsive to the request. 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). 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). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the City is ordered to provide Mr. Magnarelli with a response to the request in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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, Manza Arthur Supervisor of Records cc: Matt Magnarelli