Steven Lima v. Brockton, City of (SPR 20243313)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 20, 2024 SPR24/3313 Timothy J. Cruise City Clerk City of Brockton 45 School Street Brockton, MA 02301 Dear Mr. Cruise: I have received the petition of Steven Lima, of Platinum Capital Investments LLC, appealing the response of the City of Brockton (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 5, 2024, Mr. Lima requested the following: [R]ecords related to any and all properties in Brockton where water service was shut off in the last 60 days. Please include the following details, if available: • Property addresses • Date of water service shutoff • Reason for shutoff (if publicly accessible) The City responded on December 5, 2024. Unsatisfied with the City’s response, Mr. Lima petitioned this office, and this appeal, SPR24/3313, 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. 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

Timothy J. Cruise SPR24/3313 Page 2 December 20, 2024 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. The City’s December 5th Response In its December 5, 2024 response, the City states that it is withholding responsive records pursuant to Exemption (n) of the Public Records Law. See G. L. c. 4, § 7(26)(n). Current Appeal In his appeal petition, Mr. Lima explains the following: I am a real estate investor in Massachusetts and requested public records for “Water Shut Offs”. This is a common practice with the industry. Unfortunately my request was denied by the Town of Brockton. I have a Limited Liability Company (LLC) registered in Wyoming. For some context I have a company that is called Platinum Capital Investments LLC. . . . As a real estate investor with an LLC registered in Wyoming, my intention is to identify and purchase these properties to rehabilitate them, contributing to the revitalization of Brockton’s housing market and reducing the risks associated with vacant properties. By bringing these properties back into productive use, I can help mitigate the very safety concerns outlined in Brockton representatives’ response, such as reducing criminal activity, arson, and unsafe conditions. I believe granting access to this information aligns with the public interest by supporting economic development and improving community safety. Additionally, the Massachusetts Public Records Law emphasizes transparency and accountability, particularly when it serves to address ongoing municipal issues. Requests Solely for a Commercial Purpose The Supervisor of Records may deny an appeal for, among other reasons, if, in the opinion of the Supervisor: the public records request is made solely for a commercial purpose. 950 C.M.R. 32.08(2)(b)(3). Please be advised that the term “commercial purpose” as used in the Public Records Law shall mean:

Timothy J. Cruise SPR24/3313 Page 3 December 20, 2024 the sale or resale of any portion of the public record or the use of information from the public record to advance the requester’s strategic business interests in a manner that the requester can reasonably expect to make a profit, and shall not include gathering or reporting news or gathering information to promote citizen oversight or further the understanding of the operation or activities of government or for academic, scientific, journalistic or public research or education. G. L. c. 66, § 10(d)(ix). Where this request is being made on behalf of a private company in order to identify and purchase properties for investment, I decline to opine on this matter. See 950 C.M.R. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Lima 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: Steven Lima