Shibley, Craig v. Barre, Town of - Town Administrator (SPR 20140659)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 17,2015 SPR14/659 Ms. Heather Lemieux Town of Barre 40 West Street, Suite 607 Barre, MA 01005-0697 Dear Ms. Lemieux: I have received the petition of Craig Shibley appealing the response of the Town ofBarre (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Shibley requested copies of records related to the Town's annual audit. Mr. Shibley has appealed the non-disclosure of the "Town's management response to Melanson Health & Co's FY' 10 annual audit which it submitted on August 25, 2011." In an October 23, 2014 response letter to Mr. Shibley, you denied Mr. Shibley's request, citing Exemption (f) of the Public Records Law. In your letter, you refer to a prior determination from this office that permitted the withholding of the responsive record until such time as an investigation relating to the record has concluded. See SPR13/175 Determination of Supervisor of Records (October 29, 2013); see also SPR13/030 Determination of Supervisor of Records (May 2, 2013). As the Public Records Law states, "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10(c) (emphasis added). See also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). In your response you state that the record related to Melanson Health & Co. would be withheld "until the conclusion" of the case referenced in the prior appeals. I find that this response does not contain the specificity required in a denial of access to public records. Accordingly, I advise the Town that to comply with the Public Records Law and Regulations the Town must provide specificity with respect to any denial of access to public records. This requires a records custodian to cite an exemption, and specifically explain the applicability of the exemption to the requested records. Your denial does not contain a case citation, docket number or any other information to support a claim of non-disclosure. Accordingly, the Town is hereby ordered, within ten (10) days of this order, to provide Mr. Shibley with the requested records. If the Town maintains that OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Heather Lemieux SPR14/659 Page Two February 17,2015 any portion of the withheld records are exempt from disclosure it must, within ten (10) days provide to Mr. Shibley a written explanation, with specificity, how a articular exemption applies to each record. This administrative appeal is now closed. cc: Mr. Craig Shibley