Maureen Flynn v. Framingham, City of (SPR 20230756)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 27, 2023 SPR23/0756 Paul J. Iversen Super Records Access Officer Mayor’s Office City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Maureen Flynn appealing the response of the City of Framingham (City) to requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 31, 2023, in two separate requests, Ms. Flynn requested: [1] 2018 permits applications by and/or on behalf of Fiesta Shows aka Dean & Flynn to include payment information; and, [2] Police details provided for a carnival in Framingham by Fiesta Shows aka Dean & Flynn in 2018. Dates the details were worked, number of hours worked, amount of pay per hour and total paid to each individual, as well as any administrative costs due to the City or any of the City’s departments. Payment information showing any and all invoices to Fiesta Shows aka Dean & Flynn or any other person or organization responsible for payment and the means of payment, ex. copies of checks. On April 18, 2023, the City provided Ms. Flynn with records responsive to her Request Number 2 pertaining to Police details for a carnival in Framingham by Fiesta Shows aka Dean & Flynn in 2018. On April 14th, the City indicated, “[t]he City intends to provide [the] records to [Ms. Flynn] insofar as they exist; however, responding to this request within 10 business days places an undue burden on the responsibilities of the City. As a result, the City is extending the due dates for this request by 15 business days.” As a result of not receiving any payment information (checks) regarding her Request Number 2, and any records responsive to her Request Number 1, Ms. Flynn petitioned the 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

Paul J. Iversen SPR23/0756 Page 2 April 27, 2023 Supervisor of Records (Supervisor), and this appeal was opened. 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). 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. Based on the April 18th production of records, it is unclear whether the City is in possession of payments made, such as checks that are responsive to Ms. Flynn’s request pertaining to police details. 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). 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). The City must clarify this matter. On April 14th, the City indicated that it needs an extension of time for the March 31, 2023 request by 15 business days. Ms. Flynn is advised, G. L. c. 66, § 10(b)(vi) allows for an extension of time. “Records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.” To date, it is unclear whether the City has provided any of the outstanding records responsive to Ms. Flynn’s March 31st request, and whether the records can be provided on a rolling basis. The City must clarity this matter.

Paul J. Iversen SPR23/0756 Page 3 April 27, 2023 Conclusion Accordingly, the City is ordered to provide Ms. Flynn with a response to her request 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Maureen Flynn cc: Kristin Sullivan, Police Department RAO