Kent DeMott v. Leominster, City of - Office of the City Clerk (SPR 20242612)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 30, 2024 SPR24/2611; SPR24/2612 Elizabeth Doiron City Clerk City of Leominster 25 West Street Leominster, MA 01453 Dear Ms. Doiron: I have received the petitions of Kent DeMott appealing the response of the City of Leominster (City) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 11, 2024, in two separate requests, Mr. DeMott sought the following: SPR24/2611 [1] department assigned to[;] [2] name of direct supervisor[;] [3] any and all reports, memorandums, narratives or similar, related to any and all persons residing at [a specific address], Leominster, MA at any point in history[;] [4] copies of any and all communications by and between [the named individual] and [two other individuals], that occurred at any time[;] [5] copies of any and all communications between [the named individual] and Leominster Police regarding [four other individuals][;] [6] copies of any and all communications between [the named individual] and[] all social or mental health workers regarding [four other individuals][.]” SPR24/2612 [1] department assigned to[;] [2] name of direct supervisor[;] [3] any and all reports, memorandums, narratives or similar, related to any and all persons residing at [a specific address], Leominster, MA at any point in history[;] [4] copies of any and all communications by and between [the named individual] and [two other individuals], that occurred at any time[;] 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

Elizabeth Doiron SPR24/2611; SPR24/2612 Page 2 September 30, 2024 [5] copies of any and all communications between [the named individual] and Leominster Police regarding [four other individuals][;] [6] copies of any and all communications between [the named individual] and[] all social or mental health workers regarding [four other individuals][.]” On September 11, 2024, the City responded to both requests. Unsatisfied with these responses, Mr. DeMott petitioned this office and these appeals, SPR24/2611 and SPR24/2612, were 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. 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. The City’s September 11th Responses On September 11, 2024, the City responded to Mr. DeMott’s requests, asking that he “… fill out the form attached and resend to [the] office.” The attached form was entitled “Public Records Request Form.” Pursuant to 950 C.M.R. 32.06, “requests for public records may be made orally in person to a records access officer or custodian or may be written. . . . [W]ritten requests may be delivered by a requester to the business address or designated website or email address of a records access officer or custodian: 1. by hand; 2. by mail; 3. by electronic mail; or 4. by facsimile, if custodian has facsimile access.” See 950 C.M.R. 32.06(a), (c). Consequently, where Mr. DeMott submitted his requests via electronic mail, the City may not require him to resubmit the requests using the “Public Records Request Form.”

Elizabeth Doiron SPR24/2611; SPR24/2612 Page 3 September 30, 2024 Conclusion Accordingly, the City is ordered to provide Mr. DeMott with a response to his requests, in a manner consistent with this order, the Public Records Law, and its Regulations within 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. DeMott may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Kent DeMott