Seagrave, Jane v. Martha's Vineyard Airport Commission (SPR 20150492)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 21,2015 SPRlS/492 Ms. Susan M. Whalen, P.C. Attorney at Law 24 Russell Street Charlestown, MA 02129 Dear Attorney Whalen: I have received the petition of Jane Seagrave, Publisher of the Vineyard Gazette Media Group appealing the response of Martha's Vineyard Airport Commission (Commission) to Steve Myrick's request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Myrick, a staff reporter for the Vineyard Gazette requested an electronic copy of all emails and other communications sent or received between Myron Garfinkle, Robert Rosenbaum, Richard Michelson and Sean Flynn regarding meetings with FAA inspectors over the past thirty (30) days (April29, 2015-May 29, 2015). On June 8, 2015, you denied the request on behalf of the Commission as its Legal Counsel, claiming that the responsive records are exempt under G. L. c. 66 § 7(26)(c). 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). Your June 8, 2015 response claims that the Commissions may withhold the responsive communications under Exemption (c) of the Public Records Law; however the Commission has failed to properly claim the exemption. Accordingly, I find that the Commission has failed to meet its burden under the Public Records Law and has not overcome the presumption that the records are public. The Commission is hereby ordered, within ten (10) days ofthis order, to provide Ms. Seagrave with the requested records. If the Commission maintains that any portion OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Susan M. Whalen, Esq. SPR15/492 Page Two August 21,2015 of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Ms. Seagrave a written explanation, with specificity, how Exemption (c) 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 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. 0), custodian of records shall provide written good faith estimate). Once the fees are id, yo must provide the responsive records. cc: Ms. Jane Seagrave