Jim Ballin v. Arlington, Town of - Clerk's Office (SPR 20240819)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 29, 2024 SPR24/0819 Christine Bongiorno Deputy Town Manager of Operations Records Access Officer Town of Arlington 730 Massachusetts Avenue Arlington, MA 02476 Dear Ms. Bongiorno: I have received the petition of James Ballin appealing the response of the Town of Arlington (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 20, 2024, Mr. Ballin requested, “…a list of all residential properties in [the Town] that have received a residential parking sticker from 2013 to the present. The list should include each approved permit issued by address and year for each of the requested years, including every permit issued to a single address, and the amount paid. I am only interested in permits issued for residential addresses, and do not want information on permits issued for parking in Town lots or Overnight permits.” On March 5, 2024, the Town provided Mr. Ballin with a response, indicating, “[t]he [Town] has compiled a series of records which satisfy a portion of the [requested records]. You will find records beginning 2018-2024.” Unsatisfied with the Town’s response, Mr. Ballin petitioned this office 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). 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

Christine Bongiorno SPR24/0819 Page 2 March 29, 2024 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. Attorney 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. 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. Current appeal In his petition, Mr. Ballin asserts, “…the Town included relevant parking permit records only for 2018-2024 and did not provide any rationale as to why it did not include all responsive records. I am appealing to ask that the [Town] provide the relevant records from 2013-2017 in response to my request or provide an explanation as to why it is not possible.” Based on the Town’s response, in conjunction with Mr. Ballin’s appeal, it remains unclear if the Town possesses additional records responsive to Mr. Ballin’s request for parking permit records from 2013-2017. 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). Consequently, the Town must clarify whether it possesses additional records. Conclusion Accordingly, the Town is ordered to provide Mr. Ballin with a response to the request, provided 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. Mr. Ballin may appeal the substantive nature of the Town’s response within ninety (90) calendar days. 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: James Ballin