Baril, Michael v. Warren, Town of - Board of Selectmen (SPR 20150163)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April16, 2015 SPRlS/163 Mr. Brian W. Riley, Esq. Kopelman and Paige, P.C. 10 1 Arch Street Boston, MA 0211 0 Dear Attorney Riley: I have received the petition of Michael Baril appealing the response of the Town of Warren (Town) Board of Selectmen (Board) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Baril requested copies of records specific to a Town employee. In a response dated February 20, 2015 you denied his request in its entirety citing the privacy exemption to the Public Records Law, the Open Meeting Law and the common law attorney-client privilege. G. L. c. 4, § 7 (26) (c); G. L. c. 30A, § 22(f); Suffolk Constr. Co., Inc., v. Div. of Capital Asset Management, 449 Mass. 444, 460 (2008). In your response you fail to provide an explanation as to the nexus ofthese claims to any specific records 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). There is a presumption that all governmental records are public records. G. L. c. 66, § 10 ( c) (2002 ed.); 950 C.M.R. 32.08(4). 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); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). The response by the Town 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 the Town must meet this burden. 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. Brian W. Riley, Esq SPR15/163 Page Two April16, 2015 I find the Town has failed to meet its burden of specificity in denying access to public records. Accordingly, the Town is hereby ordered to provide the responsive records to Mr. Baril in a manner consistent with this order, the Public Records Law and its Regulations. If the Town intends to withhold or redact any portion of the responsive records pursuant to a specifically stated exemption, Mr. Baril must be provided with detailed explanation stating, with specificity, the applicability of any exemption. Further, whereas a portion of the Town's response includes a reference to the Open Meeting Law I will forward a copy ofthis order to the Division of Open Government in the Office of the Attorney General. This a minis ative appeal is now closed. il ·ams Supervisor of Records cc: Mr. Michael Baril Division of Open Government