Bernard Coyle v. Salem, City of - Legal Department (SPR 20243160)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2024 SPR24/3160 Joanne M. Roomey Records Access Officer City of Salem – Legal Department 143 Fort Avenue Salem, MA 01970 Dear Ms. Roomey: I have received the petition of Bernard Coyle appealing the response of the City of Salem (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 7, 2024, Mr. Coyle requested, “a copy of the Fire Dept. files relating to the history, current status, and future planning of imposing the fire alarm upgrades pursuant to Mass. state c. 148, sec. 26c.” The City provided a response on October 7, 2024. Unsatisfied with the response, Mr. Coyle petitioned this office and this appeal, SPR24/3160, 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. 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

Joanne M. Roomey SPR24/3160 Page 2 December 4, 2024 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 October 7th Response In its October 7, 2024 response, the City stated, “[t]he City of Salem has received your public records request and will ask the appropriate staff members to gather the information requested or provide you with the online links where you can access copies of the records you are seeking. We will get back to you shortly, within ten (10) business days, as required by law, with a response and/or supply an estimate of fees associated with this request.” Additionally, the City provided links to, “[1.] Map or GIS Engineering plans online… [2.] 21E Site Fire Prevention Assessment… [and] [3.] Police Department Records…” Current Appeal In his appeal petition, Mr. Coyle states, “[w]hile I’ve formerly enjoyed [the City’s] cooperative assurances of producing the Fire Dept.’s records of its past, present, and future scheduled applications or misapplications of the referenced statute, I believe I’m now being stonewalled. [The City has] referred me to police dept. records or Gis engineering plans and has not complied…” Timeframe for Producing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: 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. G. L. c. 66, § 10(b)(vi). Where the request was submitted on October 7, 2024, and the City has not provided any of the responsive records, I find that the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the City must provide an estimated date as to when it intends to

Joanne M. Roomey SPR24/3160 Page 3 December 4, 2024 complete the search and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Coyle 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. Mr. Laffy 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: Bernard Coyle