David Calhoun v. Cambridge, City of - Office of the City Clerk (SPR 20241065)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 24, 2024 SPR24/1065 Seah Levy Public Records Access Officer City of Cambridge 795 Massachusetts Avenue Cambridge, MA 02139 Dear Ms. Levy: I have received the petition of David Calhoun appealing the response of the City of Cambridge (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 27, 2024, Mr. Calhoun requested, “... an electronic copy of all emails sent or received by [an identified individual] on the following dates June 22, 2023, June 23, 2023, June 24, 2023.” The City responded on April 9, 2024. Unsatisfied with the response, Mr. Calhoun petitioned this office and this appeal, SPR24/1065, 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. 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. 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

Seah Levy SPR24/1065 Page 2 April 24, 2024 The City’s April 9th Response In its April 9, 2024 response, the City stated, “[d]ue to the complexity of searching for the requested documents the City hereby identifies a reasonable timeframe to respond to your request of 25 business days from the date of receipt of your request, pursuant to G.L. c. 66 §10(b)(vi).” Current appeal In his appeal, Mr. Calhoun states, “[p]lease have this serve as appeal and request for the Secretary of State to require Cambridge to produce the records immediately. 25 day extension is not reasonable and the State required 10 days should have been honored. Again a very limited number of days of emails sent or received by City employee.” Where the City has indicated that they intend to provide a response within the allowed statutory timeframe, it is unclear the basis of Mr. Calhoun’s appeal. See G. L. c. 66, § 10(b)(vi) (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). Conclusion Accordingly, I will consider this administrative appeal closed. If issues remain once Mr. Calhoun receives the response, he may file an appeal within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David Calhoun