Moschella, Esq., William v. Saugus, Town of - Cable Television (SPR 20150236)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 13,2015 SPRlS/236; SPRlS/237; SPRlS/238 Ms. Susan Dunn Town Manager Town of Saugus 298 Central Street, Suite 1 Saugus, MA 01906 Dear Ms. Dunn: I have received the petition of William Moschella appealing the response of the Town of Saugus (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moschella made three separate requests to inspect or obtain copies of records related to the Saugus Cable Television Station. As of the date he filed his petition with my office he had not received a response from the Town. Seeing that the requests are similar in nature they will addressed under one order. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(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 ofBoston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Susan Dunn SPR15/236; SPR15/237; SPR15/238 May 13,2015 Page Two I find the Town failed to comply with the Public Records Law and its Access Regulations. Accordingly, the Town is hereby ordered to perform a full and thorough search of its records, and within ten (1 0) days, provide Mr. Moschella with a detailed written response to each of his requests for records in a manner consistent with this order, the Public Records Law and its Regulations. If the Town is planning to charge Mr. Moschella for the cost of complying with his public records request, he must be provided with a detailed written, good faith estimate. Supervisor of Records cc: Mr. William Moschella