Thivierge, James v. Amesbury, City of - Public Schools (SPR 20140561)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams November 25, 2014 Supervisor ofR ecords SPR14/561 The Honorable Ken Gray gity of An:t~s bury 62 Friend Street Amesbury, MA 01913 Dear Mayor Gray: I have received the petition of James Thivierge appealing the nonresponse ofthe City of Amesbury (City) to his August 29, 2014 request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Thivierge requested an electronic copies of certain school department budget records. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10 ( c); 950 C.M.R. 32.08(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 town 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 (c ); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). In an email to this office dated October 31, 2014 Mr. Thivierge indicated that to date he had not received the responsive records. Accordingly, the City is hereby ordered, within ten (1 0) day of this order, to provide Mr. Thivierge with the requested records. If the City maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Thivierge a written explanation, with specificity, how a particular exemption applies to each record. See G. L. c. 66, § lO(c); see also lo e News a er Co. v. Police Comm'r, 419 Mass. 852, 857(1995). cc: Mr. James Thivierge OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre