Jim Pillsbury v. Framingham, City of - City Clerk (SPR 20241477)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 30, 2024 SPR24/1477 Paul J. Iversen Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of James M. Pillsbury appealing the response of the City of Framingham (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, 2024, Mr. Pillsbury requested “a copy of the latest grant funding for body- cams application sent to the Office of Grants and Research on or before April 29, 2024 from my friends at FPD.” The City provided an initial response on May 2, 2024, and a further response on May 15, 2024. Unsatisfied with the City’s May 15th response, Mr. Pillsbury petitioned this office and this appeal, SPR24/1477, 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). 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 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. Iverson SPR24/1477 Page 2 May 30, 2024 custodian must provide the responsive records. The City’s May 2nd and May 15th Responses In its May 2, 2024 response, the City acknowledged the request, stating, “[w]e have received your public records request. This request is being assigned to the appropriate department. The department records access officer will review the request and create an effort estimate to comply with your request where applicable…” In its May 15, 2024 response to Mr. Pillsbury, the City asserts, “…[t]he City intends to provide these records to you, 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 date for this request by 15 business days…” Current Appeal In his May 15th petition, Mr. Pillsbury states, “… [the City] claim[s] the request places an undue burden on the responsibilities of the City. Their reason is nothing short of foot dragging and cannot be justified in any manner. The document I seek is 8 pages long and is a PDF on someone’s computer…” Where the City has indicated that they intend to provide a response within the allowed statutory timeframe, it is unclear the basis of Mr. Pillsbury’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. Pillsbury receives the response, he may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: James M. Pillsbury