David Webb v. Worcester, City of - Law Department (SPR 20242211)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 19, 2024 SPR24/2211 Janice Thompson, Esq. City of Worcester Law Department 51 Sever Street Worcester, MA 01609 Dear Attorney Thompson: I have received the petition of David Webb appealing the response of the City of Worcester (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 17, 2024, Mr. Webb requested the most recent constable applications signed by the city manager for [identified individuals]. On August 1, 2024, the City provided a response. Unsatisfied with the City’s response, Mr. Webb petitioned this office and this appeal, SPR24/2211, 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 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

Janice Thompson, Esq. SPR24/2211 Page 2 August 19, 2024 The City’s August 1st Response In its August 1, 2024 response, the City provided a link to several records responsive to the request, but cited Exemption (a) and (c) of the Public Records Law for redactions. Current Appeal In his appeal, Mr. Webb states that the City provided a partial response. He states, “they have not responded to the request completely, as I am still awaiting the documents concerning constables [identified individuals] or confirmation that the city does not have any further responsive records at this time.” Based on the City’s response, in conjunction with Mr. Webb’s appeal, it is unclear if the City possesses additional records responsive to the request. Specifically, the City must clarify whether it possesses records regarding the other named individuals in Mr. Webb’s request. 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). To the extent that additional records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide Mr. Webb 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. Sincerely, Manza Arthur Supervisor of Records cc: David Webb