Dreslinski, Michael v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20150336)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 10,2015 SPRlS/336 Mr. Thomas Donnelly Massachusetts Department of Transportation District 3 403 Belmont Street Worcester, MA 01604 Dear Mr. Donnelly: I have received the petition of Michael Dreslinski appealing the nonresponse of the Massachusetts Department of Transportation (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dreslinski requested records regarding incidents of theft at specifically identified locations. A member of my staff has attempted to contact you several times without success. 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). 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, the Department is hereby ordered, within ten (10) days of this order, to provide Mr. Dreslinski with the requested records. If the Department maintains that any portion ofthe responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Dreslinski a written explanation, with specificity, how a particular exemption applie to each record. cc: Mr. Michael Dreslinski OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre