Hillman, Charles v. Huntington, Town of - Building Department (SPR 20150029)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 24, 2015 SPRlS/029 Mr. George Peterson Building Commissioner Town ofHuntington 24 Russell Road, P.O. Box 430 Huntington, MA 01050 Dear Mr. Peterson: I have received the petition of Charles Hillman appealing the response of the Building Commissioner for the Town of Huntington (Town) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Hillman requested a copy of an affidavit related to the inspection of a specific property. In your written response, you indicated that Mr. Hillman has all of the documents related to this inspection. This response did not clearly state whether the requested records are in the Town's possession. "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). Public records and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § lO(a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). The Public Records Law states that "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); District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). Further, custodians of records are required to use their superior knowledge of the contents of their files to assist in promptly complying with the request. 950 CMR 32.05( 4). Accordingly, I find the Town has not satisfied its burden in proving with specificity why responsive records have not been made available by failing to clearly indicate whether the requested records are in its possession. The Town is hereby ordered to provide a response to confirm whether the requested record exists within ten (1 0) days. If the responsive records are not in the Town's possession, it must clearly indicate such in its response. If the Town maintains OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. George Peterson SPR15/029 Page Two March 24, 2015 that any portion of the responsive records are exempt from disclosure it must, within ten (10) days, provide to Mr. Hillman a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now clos d. yours, Supervisor of Records cc: Mr. Charles Hillman