Anderson, Dean v. Hanson, Town of - Building Department (SPR 20150016)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams February 18, 2015 Supervisor ofR ecords SPRlS/016 Mr. Robert Curran Hanson Building Department Town Hall, Second Floor 542 Liberty Street Hanson, MA 02341 Dear Mr. Curran: I have received the petition of Dean Anderson appealing the nomesponse of the Hanson Building Department (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, on October 22, 2014, Mr. Anderson requested the opportunity to inspect public records. Mr. Anderson states he was informed that he would only be permitted to view the records when the Town's Building Inspector was present. Mr. Anderson states the Building Inspector is available only eight (8) hours per week and that unnecessarily restricts his access to view public records. 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, whereas Mr. Anderson has requested the opportunity to inspect public records, the Department is hereby ordered, within ten (1 0) days of this order, to arrange a mutually reasonable time for Mr. Anderson to view the requested records. This administrative appeal is now closed. cc: Mr. Dean Anderson OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre