Kristi Amunson v. Brockton, City of - Law Department (SPR 20251782)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 3, 2025 SPR25/1782 John P. Fischer, Esq. Assistant City Solicitor Law Department City of Brockton 45 School Street Brockton, MA 02301 Dear Attorney Fischer: I have received the petition of Kristi Amunson 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 June 10, 2025, Ms. Amunson provided a name and address and requested “information on the person above from Jan 2024-current.” Later the same day, Ms. Amunson further clarified that she seeks the following: info related to [the individual] and the address that you may have available within the time frame since Jan 2024 till now. . . . I’d just like documents, memos, emails, records, data files, incident reports, complaint records, etc. anything you have involving animal control, building department or from the departments that are involved, which I don’t know who’s all involved. The City responded on June 23, 2025. Unsatisfied with the City’s response, Ms. Amunson petitioned this office, and this appeal, SPR25/1782, was opened as a result. Subsequent to the opening of this appeal, the City provided a further response to Ms. Amunson and this office on June 30, 2025. 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). 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

John P. Fischer, Esq. SPR25/1782 Page 2 July 3, 2025 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. Current Appeal In her appeal petition, Ms. Amunson states the following: My public records request was denied by the city of Brockton. I am unsure of why it was flat out denied. My record request was pretty clear. It stated litigation. I am the defendant. Any guidance in this matter is appreciated. The City’s June 23rd and June 30th Responses In its June 23, 2025, the City cites Exemption (f) of the Public Records Law, and the attorney-client privilege for withholding responsive records, and explains that the records are the subject of active litigation. See G. L. c. 4, § 7(26)(f). In its June 30, 2025 response, the City further explains the following: [T]he request seeks records from January 2024 regarding Ms. Amunson that are currently the subject of active litigation. See City of Brockton v. Kristi Amunson, Metro South Housing Court, Docket No.241182CV00003, (hereinafter “the Litigation”). The Litigation involves allegations of animal boarding without a kennel license. . . . The most recent docket entry indicates the case is currently awaiting a hearing on the City’s Complaint for Contempt for violations of the terms of the Agreement for Judgment filed on February 29, 2024. Any documentation in support of the City’s original Complaint, and subsequent Complaint for Contempt, have been served upon Ms. Amunson. Accordingly, she is already in possession of most, if not all, of the responsive documentation she seeks. Any other records can be requested through discovery in the Litigation. Due to the above, the City requests the Supervisor declines to render an opinion on this appeal. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of

John P. Fischer, Esq. SPR25/1782 Page 3 July 3, 2025 the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that the civil litigation, relating to records that are the subject of Ms. Amunson’s request, is active and ongoing in the Massachusetts Housing Court. See City of Brockton v. Kristi Amunson, (Metro South Housing Court, Docket No. 24H82-CV-00003). In light of the pending matter, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Kristi Amunson