Wilson Dobson, P.E. v. Executive Office of Energy and Environmental Affairs - Department of Conservation and Recreation (SPR 20160166)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 18, 2016 SPR16/166 Ms. Alice Bilbo-Miles Department of Conservation and Recreation 251 Causeway Street, Suite 900 Boston, MA 02114-2119 Dear Ms. Bilbo-Miles: I have received the petition of Wilson Dobson appealing the response of Executive Office of Energy and Environmental Affairs - Department of Conservation and Recreation (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dobson requested a number of records "received by or authored by Jonathan Yeo, Director, Division of Watershed Protection," between July 1, 2015 and January 6, 2016 "concerning illegal trails, mountain biking, and public access in the Ware River Watershed." On January 7, 2016 you provided an initial written response acknowledging receipt of Mr. Dobson's January 6, 2016 public records request and followed up with a subsequent correspondence on February 17, 2016, but thereafter no further correspondence or written response was provided. On March 7, 2016 Mr. Dobson appealed to this office. 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). I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Dobson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. If the Department maintains that any portion of the responsive records OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Alice Bilbo-Miles SPR16/166 Page 2 March 18, 2016 are exempt from disclosure it must, within ten (1 0) days provide to Mr. Dobson 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 ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this de inati n for further information. cc: Mr. Wilson Dobson