Nicole L. Kieser v. Salem, City of - Legal Department (SPR 20231042)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 18, 2023 SPR23/1042 Joanne Roomey Records Access Officer City of Salem Legal Department 93 Washington Street Salem, MA 01970 Dear Ms. Roomey: I have received the petition of Nicole L. Kieser appealing the response of the City of Salem (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 1, 2023, Ms. Kieser requested from the City the following records: “[1] Any comprehensive, citywide or downtown traffic assessments/studies for the city of Salem from 2000‐ present, including a report of findings/recommendations. This should include any current, open studies in progress. I am not requesting traffic studies for specific potential developments, with the exception of any study for downtown from North Street at the Peabody line to Lafayette Street at Salem State University; [2] Any documented changes to traffic light/signal changes implemented as a result of any comprehensive traffic assessments/studies from North Street at the Peabody line to Lafayette Street at Salem State University from 2015‐ present; and [3] Electronic communications, including emails, text messages, cloud‐based shared documents to/from Christina Hodge, Salem’s Assistant Transportation Director from 2017‐present which include the following key terms: a. citywide traffic study b. comprehensive traffic study c. citywide traffic assessment d. comprehensive traffic assessment; and, [4] Electronic communications, including emails, text messages, cloud‐based shared documents to/from David Kucharsky, Salem’s Transportation Director from 2017‐present which include the following key terms: (a) citywide traffic study (b) comprehensive traffic study (c) citywide traffic assessment 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

Joanne M. Roomey SPR23/1042 Page 2 May 18, 2023 (d) comprehensive traffic assessment.” On May 2, 2023, the City provided a response indicating that the City would gather the records or provide online links to obtain copies of the records. On May 16th, Ms. Kieser petitioned the Supervisor of Records (Supervisor), asserting, “[t]en business days passed either Monday, May 15, 2023 or Tuesday, May 16, 2023, depending on the Public Records Division’s interpretation of the first business day (receipt or acknowledgement) and I have received no response from the City. I am unaware of any federal or state holidays that have been observed since my request.” As a result of Ms. Kieser’s May 16th petition, this office opened the appeal. 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). Conclusion Subsequent to the opening of this appeal, in a May 17th email, Ms. Kieser informed this office, “I heard back from the City of Salem and I would like to remove the request for this appeal.” Accordingly, where the City responded to Ms. Kieser, and that Ms. Kieser seeks to not continue with her appeal pertaining to her May 1st request, I will consider this administrative appeal closed.

Joanne M. Roomey SPR23/1042 Page 3 May 18, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Nicole L. Kieser