Burrell, Chris v. Scituate, Town of - Town Administrator (SPR 20150757)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 10,2015 SPRlS/757 Mr. John Clifford, Esq. Labor Counsel Town of Scituate 600 Chief Justice Cushing Highway Scituate, MA 02066 Dear Attorney Clifford: I have received the petition of Christopher Burrell of The Patriot Ledger appealing the response of the Town of Scituate (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Burrell requested a copy of Town documents and communications that describe the employment status of a specifically identified police officer. In response, the Town provided current salary, benefits and compensation for 2015. No additional records were provided. The Town denied provision of further information, stating, "the Town does not comment on personnel matters and any documents related to personnel matters are exempt from the public records law." Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(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 that specifically claims an exemption in the Public Records Law. 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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. John Clifford, Esq. SPR15/757 Page Two December 10, 2015 Initially, the Town did not respond properly to Mr. Burrell's request. In a telephone conversation with an attorney on my staff on December 7, 2105, you explained that the Town considered Mr. Burrell's inquiries to be questions rather than requests for records. Subsequent to this conversation you informed this office that you would send Mr. Burrell a written response concerning any records that the Town has in its custody that are responsive to his request. Accordingly, whereas this administrative appeal was filed due to the lack of specificity in the Town's response, and further whereas the Town has indicated it will comply with the provisions of the Public Records Law with a proper response, I will consider this appeal closed with the proviso that the Town provide a revised response to Mr. Burrell within ten (1 0) days. 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. Burrell 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, § 10(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 paid, yo must provide the responsive records. cc: Mr. Christopher Burrell