Adam Nuñez v. Salem, City of - Mayor's Office (SPR 20252396)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 21, 2025 SPR25/2396 Joanne Roomey Records Access Officer City of Salem 93 Washington Street Salem, MA 01970 Dear Ms. Roomey: I have received the petition of Adam Nuñez 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 February 12, 2025, Mr. Nuñez requested the following: From the dates of June 8, 2024 - June 27, 2024, I am requesting all email communications, both within and in between the Salem Police Department, Salem Department of Public Services, and the Salem Mayor’s Office, solely regarding communications leading up to, that took place during, and took place after, the eventual dispersal and removal of the tent encampment, commonly known as the ‘South River encampment,’ ‘Wendy’s encampment,’ or ‘Tent City’ in Salem, Massachusetts on June 26, 2024, solely regarding the eventual dispersal and removal of the tent encampment, commonly known as the ‘South River encampment,’ ‘Wendy’s encampment,’ or ‘Tent City’ in Salem, Massachusetts on June 26, 2024. Including, but not necessarily limited to (within the given parameters), all applicable communications solely surrounding the dispersal orders posted by the Salem Police Department at the same tent encampment on June 13, 2024 and June 21, 2024, as well as the decision by [an identified individual] to confirm in a story published by the Boston Globe on June 25, 2024 titled, “Salem homeless encampment coming to an end,” that the plan was to sweep the tent encampment “around 10 or 11” on June 26, 2024. Previous Petition This request was the subject of a previous time petition. See SPR25/0548 Determination of the Supervisor of Records (February 28, 2025). In my February 28th determination, I granted the City an extension of 20 business days to respond to the request. Claiming to not yet have 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 Roomey SPR25/2396 Page 2 August 21, 2025 received responsive records, Mr. Nuñez petitioned this office and this appeal, SPR25/2396, 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. The City’s February 25th Response In its February 25, 2025 response, the City assessed a fee of $183.32 to provide Mr. Nuñez with responsive records. Current Appeal In his August 12, 2025 petition to this office, Mr. Nuñez claimed that despite having paid the assessed fee, he had received no responsive records. Payment of Fees Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid, a records custodian must provide the responsive records. Where it appears the City has received payment of the reasonable fee, the City must provide the responsive records. To the extent possible, the City must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). In an August 15, 2025 telephone conversation with this office, the City advised that it planned to refund Mr. Nuñez the assessed fee and provide him with the requested records within 5 business days. The City further stated that attempts to communicate with Mr. Nuñez via his

Joanne Roomey SPR25/2396 Page 3 August 21, 2025 email address had been rejected and that the City required an alternative method by which to provide the requested records. Based on the foregoing, this office encourages Mr. Nuñez to communicate directly with the City in order to arrange receipt of the records responsive to his request. Conclusion Accordingly, the City is ordered to provide Mr. Nuñez 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. Nuñez may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Adam Nuñez James Wellock, Esq.