Dreslinski, Michael v. Barre, Town of - Town Administrator (SPR 20150439)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 20, 2015 SPRlS/439 Ms. Heather Lemieux, Town Administrator Town ofBarre Henry Woods Building, 2nd Floor 40 West Street, Box 697 Barre, MA 01005 Dear Ms. Lemieux: I have received the petition of Michael Dreslinski appealing the nonresponse of the Town ofBarre (Town) to his request for public records dated April28, 2015. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dreslinski requested a copy of a February 2015 letter to you "regarding the elimination of state funding to refurbish Barre Civil War Memorial." Despite our June 11, 2015 letter acknowledging the opening of this appeal and subsequent inquiries to you by members of my staff, no response was provided to this request. 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, whereas the Town has not overcome the presumption that the requested records are public, the Town is hereby ordered, within ten (1 0) day of this order, to provide Mr. Dreslinski with the requested records. If the Town maintains that any portion of the 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 applies to each record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. A copy of OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Heather Lemieux SPR15/439 Page Two July 20, 2015 any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 1O (a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. Supervisor of Records cc: Mr. Michael Dreslinski