Corbett, Suzanne v. Ashland, Town of - Office of the Town Clerk (SPR 20140580)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords November 20,2014 SPR14/580 Ms. Mary Fitz-Gibbon Executive Administrator Town of Ashfield 412 Main Street Ashfield, MA 01330 Dear Ms. Fitz-Gibbon: I have received the petition of Suzanne Corbett appealing the nonresponse ofthe Town of Ashfield to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Corbett requested records pertaining to Roberts Brothers Lumber Company on August 4, 2014. 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). Despite numerous conversations with a member of my staff, no response has been issued. Accordingly, the Town is hereby ordered, within ten (10) day of this order, to provide Ms. Corbett with the requested records. If the Town maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Ms. Corbett a written explanation, with specificity, how a particular exemption applies to each record. See G. L. c. 66, § 10(c); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857(1995). This administrative appeal is now closed. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Mary Fitz-Gibbon SPR14/580 Page Two November 19, 2014 cc: Ms. Mary Fitz-Gibbon