Higgins, Patrick v. Swansea, Town of - Board of Assessors (SPR 20150884)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 4, 2016 SPRlS/884 Mr. Michael Siddall, Esq. Siddall & Siddall, P.C. 1350 Main Street Springfield, MA 01103 Dear Attorney Siddall: I have received the petition of Patrick Higgins appealing the response of the Town of Swansea Board of Assessors (Board) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested the 2015 minutes ofthe Board's executive sessions. On November 18, 2015, you informed Mr. Higgins that the executive session minutes should remain confidential because publication would defeat the lawful purposes of the executive session, which was to discuss strategy regarding pending litigation. See G. L. c. 30A § 22(f); see also G. L. c. 30A, § 21(a). Mr. Higgins appealed your response, stating that the Board did not contain the specificity required by the Public Records Law to merit nondisclosure. 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). In a December 17, 2015 telephone conversation with an attorney on my staff, you stated that you would contact the Board for the list of the 2015 executive sessions and send Mr. Higgins a second response. Accordingly, whereas you have indicated that a second response will be provided to Mr. Higgins, I will close this appeal with the proviso that the response will be provided by the Board within ten (1 0) days. 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. ly yours, Supervisor of Records cc: Mr. Patrick Higgins OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre