Nigro, Kevin v. Billerica, Town of (SPR 20140576)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division November 7, 2014 Shawn A. Williams SPR14/576 Supervisor ofR ecords Mr. John Curran Billerica Town Manager 365 Boston Road, Office #207 Billerica, MA 01821 Dear Mr. Curran: I have received the petition of Kevin Nigro appealing the nonresponse to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Nigro requested "a copy of PMA's and the shortlisted firms score sheets with comment from individual and or committee evaluation teams." To date, despite telephone conversations between you and a member of my staff, the Town has not responded to Mr. Nigro's request. 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). Accordingly, the Town is hereby ordered, within ten (10) day of this order, to provide Mr. Nigro with the requested records. If the Town maintains that any portion of the responsive records are exempt from disclosure it may, within ten (1 0) days provide to Mr. Nigro and this office a written explanation, with specificity, how a particular exemption applies to each record. In the event a request for reconsideration is honored by this office an acknowledgment will be provided to all parties, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be considered. s/- upervisor of Records cc: Mr. Kevin Nigro OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/p re