Dreslinski, Michael v. Greenfield, City of - City Clerk (SPR 20150608)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 15, 2015 SPRlS/608 Ms. Deborah J. Tuttle, CMC Town Clerk Office of the Town Clerk/Town Council 14 Court Square Greenfield MA 01301 Dear Ms. Tuttle: I have received the petition of Michael Dreslinski appealing the response of Town of Greenfield (Town) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, on June 4, 2015 Mr. Dreslinski requested Town of Greenfield Fire Department records regarding him. As of the date of his petition Mr. Dreslinski had not received a response to his request from the Town. 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). 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 of Boston, 3 78 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, § 1O (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 Town 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. Deborah J. Tuttle, CMC SPR15/608 Page Two October 15,2015 Accordingly, Town is hereby ordered to perform a full and thorough search of its records, and within ten (10) days ofthis order, to provide Mr. Dreslinski with a written response to his June 4, 2015 request for records consistent with the Public Records Law, the Regulations and this Determination. 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 ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. cc: Michael Dreslinski