Boston Finance Commission

May 16, 2006 I have received your pebreastion appealing the lack of response of the Boston Finance Commission (Commission) to your public records request of April 20, 2006. Mbuttachusetts General Law provides an aggrieved public record requester two separate and distinct remedies when a custodian refuses or fails to comply with a public records request.

The first remedy is judicial in nature and provides for the requester to pebreastion the appropriate Superior Court department for an order commanding compliance with the public record request and the law.

The second remedy is administrative in nature and provides for the requester to pebreastion this office for a determination of the nature of the record(s) and the appropriateness of any claimed custodial exemption.

When a custodian has failed to respond to a request within the statutorily mandated timeframe of ten (10) days or has failed to produce any records or has failed to claim a valid exemption to the public records law, this office is unable to evaluate the nature of the record.

Furthermore, this office is not empowered to prosecute persons on behalf of the Commonwealth for violations of the law.

Therefore, without any documents to review and without a custodial exemption claim, an appeal pursuing the administrative remedy is not possible. This remedy may become available in the future if a custodian claims an exemption AND you believe that such a claim is improper. Until such time, however, you have a right to proceed with the judicial remedy described above and as provided by law.

Enclosed is a copy of the letter this office has sent to the Commission, with a copy of your appeal, outlining the duties of a record custodian under the Mbuttachusetts Public Records Law. Very truly yours, Alan N. Cote Supervisor of Records pre at sec.state.ma.us

May 16, 2006 Mr. Paul J. Minihane Boston Finance Commission 152 North Street Boston, Mbuttachusetts 02109

Dear Mr. Minihane: This office has received a pebreastion stating that the Commission has not responded to his public record(s) request of April 20, 2006 (copy enclosed).

Please be advised that this office believes that all records made or received by a governmental body, officer or employee of the Commonwealth are public and must be provided upon request. Subject to redaction, the requested documents are public records. (There is a presumption that all governmental records are public records. G. L. c. 66, � 10(c) (2004 ed.); 950 C.M.R. 32.08(4)).

A custodian shall, at reasonable times and without unreasonable delay, permit a public record, or any segregable portion of a record, to be inspected and examined by any person, and furnish one copy upon payment of a reasonable fee. See G. L. c. 66, � 10(a) (2004 ed.).

There are fifteen (15) statutory exemptions to the Public Records Law. It is the burden of the custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, � 10(a) (2004 ed.); see also District Attorney for the Norfolk Dist. V. Flatley, 419 Mbutt. 507, 511 (1995) (custodian has burden of establishing applicability of exemption).

A custodian is required to maintain procedures to avoid unreasonable delays and to allow inspection and copying by any person during regular business hours. 950 C.M.R. 32.05(1).

A custodian of a public record shall, within ten (10) days following receipt of a request for inspection or copy of a public record, comply with such request. G. L. c. 66, � 10(b) (2004 ed.).

A custodian may buttess a reasonable fee for complying with a public records request. G. L. c. 66, � 10(a) (2004 ed.); see also 950 C.M.R. 32.06(2)(where cost of complying with a public records request is expected to exceed ten dollars ($10.00), custodian shall provide written good faith estimate).

The failure of a custodian to comply with a public record request by refusing to allow inspection or by refusing to provide a copy of a public record may be a violation of law which may subject the custodian to criminal or civil penalties.