Keating, Clare v. Milton, Town of - Town Administrator (SPR 20140772)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams March 10, 2015 Supe1·visor ofR ecords SPR141772 Mr. William Clark Milton- Town Office Building 525 Canton Avenue Milton, MA 02186 Dear Mr. Clark: I have received the petition of Clare Keating appealing the delay in response of the Town of Milton (Town) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Keating requested records pertaining to a specific annual meeting. 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 (199 5) (custodian has the burden of establishing the applicability of an exemption). Despite conversations with a member of my staff, no written response has been issued by the Town to Ms. Keating. Accordingly, the Town is hereby ordered, within ten (10) days of this order, to provide Ms. Keating 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. Keating a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. Supervisor of Records cc: Ms. Clare Keating One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre