Handwerker, Ethan v. Lexington, Town of - Economic Development (SPR 20140656)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 20,2014 SPR14/656 Mr. John J. McWeeney, Chairman ~. Lexington Economic Development Advisory Committee 1625 Massachusetts A venue Lexington, MA 02420 Dear Mr. McWeeney: I have received the petition of Ethan Handwerker appealing the nonresponse of the Lexington Economic Development Advisory Committee (Committee) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Handwerker requested records regarding the medical use of marijuana. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § IO(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 attempts by a member of my staff to communicate with you, no response has been issued. Accordingly, the Committee is hereby ordered, within ten (10) day of this order, to provide Mr. Handwerker with the requested records. If the Committee maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Handwerker 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

Mr. John J. McWeeney SPR14/656 Page Two November 19, 2014 cc: Mr. Ethan Handwerker