Maryan Amaral v. Newton, City of (SPR 20241541)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 4, 2024 SPR24/1541 Carol Moore City Clerk City of Newton 1000 Commonwealth Avenue Newton Centre, MA 02459 Dear Ms. Moore: I have received the petition of Maryan Amaral appealing the response of the City of Newton (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 6, 2024, Ms. Amaral requested “the minutes of the meetings for the OLAWG (Off Leash Area Working Group) from January 2023-May 2024.” The City responded on May 20, 2024. Unsatisfied with the City’s response, Ms. Amaral appealed, and this case, SPR24/1541, 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. Att’y 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. The City’s May 20th Response In its May 20, 2024 response, the City states that “[a] search of all public records in 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

Carol Moore SPR24/1541 Page 2 June 4, 2024 custody and control of the City reveals that there are no documents responsive to your request.” Current Appeal In her appeal, Ms. Amaral asserts that “[p]ublic bodies must create and retain accurate minutes of all public meeting (Open Meeting Law). The City of Newton Off-Leash Area Working Group is a public body.” Records in Existence Please be advised that 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). Additionally, 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). In an email to this office on May 25, 2024, the City confirmed it had no responsive records to the request “because the working group that is the subject of the request is not a public body under the Open Meeting Law and therefore does not keep minutes.” Opening Meeting Law The City’s response, along with Ms. Amaral’s appeal petition, raises issues potentially related to the Open Meeting Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to address those issues in this determination. See G. L. c. 30A, § 23. If unresolved issues remain, I encourage the parties to contact the AGO for a determination on the Open Meeting Law issues. Conclusion Where the City confirmed that it does not possess records responsive to Ms. Amaral’s request, I will now consider this administrative appeal closed. If Ms. Amaral is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Maryan Amaral