David Webb v. Worcester, City of (SPR 20252943)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 17, 2025 SPR25/2942; SPR25/2943 Michael Vigneux Records Access Officer City of Worcester 455 Main Street Worcester, MA 01609 Dear Mr. Vigneux: I have received the petitions of David Webb appealing the response of the City of Worcester (City) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR25/2942 On October 6, 2025, Mr. Webb requested “business permit 42715.” SPR25/2943 Subsequently on October 6, 2025, Mr. Webb requested “business permit 42564.” The City responded on October 6 and October 7, 2025. Unsatisfied with the City’s responses, Mr. Webb petitioned this office and these appeals, SPR25/2942 and SPR25/2943, 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). 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

Michael Vigneux SPR25/2942; SPR25/2943 Page 2 October 17, 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. 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 October 6th and October 7th Responses In its October 6, 2025 responses, the City inquired whether Mr. Webb was seeking to obtain copies of two business certificates. Subsequently on October 6, 2025, Mr. Webb confirmed that he was. In its October 7, 2025 responses, the City informed Mr. Webb that the City maintained a public database of information relating to business certificates, and provided a link to said database. The City further stated that to obtain a copy of a business certificate, it was necessary to place a request with the Worcester City Clerk. Subsequently on October 7, 2025, the Worcester City Clerk informed Mr. Webb that it would produce certified copies of the requested records following payment of a fee. Current Appeal In his October 7, 2025 petition to this office, Mr. Webb contended that the City possessed uncertified copies of the responsive records and was obligated to produce them without payment of a fee. Based on Mr. Webb’s petition and the City’s responses, it is unclear whether the City possesses responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Additionally, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether it possesses uncertified copies of the requested records. Conclusion Accordingly, the City is ordered to provide Mr. Webb 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

Michael Vigneux SPR25/2942; SPR25/2943 Page 3 October 17, 2025 preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Webb 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: David Webb Janice Thompson, Esq.