Moschella, Esq., William v. Saugus, Town of - Town Manager (SPR 20150497)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 23, 2015 SPRlS/497 Mr. Scott Crabtree 298 Central Street Ste. 1 Saugus, MA 01906 Dear Mr. Crabtree: I have received the petition of William A. Moschella, Sr. appealing the nomesponse of the Town of Saugus (Town) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moschella requested "information concerning the Saugus Cable Television Station, Inc. This request was made on May 28, 2015 and concerns any and all materials such as recent contact with SCTS, Inc. 501(c) (3), which was formed on November 19, 2014. The recent contract was signed on or about March 12,2015 between SCTS, Inc. 501(c) (3) and the Town of Saugus." I understand you provided a letter to this office dated June 10, 2015. However, it appears this letter was in response to my determination dated May 13, 2015 and not a response to Mr. Moschella's May 28 request. See SPR15/236, 237, 238 Determination ofthe Supervisor of Records (May 13, 2015). Despite our July 2, 2015 letter acknowledging the opening of this appeal and several conversations with a member of my staff, no response to the May 28 request has been issued to date. 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). 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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Scott Crabtree SPR15/497 Page Two September 23, 2015 Accordingly, whereas Town has not overcome the presumption that the requested records are public, Town is hereby ordered, within ten (1 0) days of this order, to provide Mr. Moschella 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. Moschella 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 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, § lO(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. William A. Moschella, Sr., Esq.