Currier, Kristin v. Hingham, Town of - Advisory Committee (SPR 20150097)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April14, 2015 SPRlS/097 Mr. Stephen Dempsey Town of Hingham Department of Public Works 25 Bare Cove Park Drive Hingham, MA 02043 Dear Mr. Dempsey: I have received the petition of Kristin Currier appealing the response ofthe Town of Hingham (Town)- Department of Public Works (Department) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Currier requested copies of Town sewer records. In a response dated January 17,2015 the Department denied her request in its entirety, citing Exemption (n), the public safety exemption to the Public Records Law. The Department provided no additional information to support its exemption claim. 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). Public records and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 10 ( a); see also Reinstein v. Police Comm'r of Boston, 3 78 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 Glob~ Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). The response by the Department did not contain the specificity required in a denial of access to public records. To comply with the Public Records Law and its Access Regulations a records custodian must provide specificity with respect to any denial of access to public records. This requires a records custodian to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Stephen Dempsey SPR15/097 Page Two April 14, 2015 Please note Ms. Currier's emails to the Department included questions posed to the Department. If records exist that are responsive to Ms. Currier's questions they must be provided. However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. I find the Department has failed to meet its burden of specificity in denying access to public records. Accordingly, the Department is hereby ordered to provide all responsive records to Ms. Currier in a manner consistent with this order, the Public Records Law and its Regulations. If the Department maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Ms. Currier a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is now closed. Supervisor of Records cc: Ms. Kristin Currier