Michael J. Duffy, Esq. v. North Andover, Town of - Town Manager (SPR 20160193)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 25, 2016 SPR16/193 Mr. Raymond T. Santilli Assistant Town Manager Town ofNmih Andover 120 Main Street North Andover, MA 01845 Dear Mr. Santilli: I have received the petition of Michael Duffy, Esq. of Ruberto, Israel & Weiner, P.C. on behalf of his client, Osgood Solar, LLC (Osgood Solar) appealing the response ofthe Town of North Andover (Town) to a February 1, 2016 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Duffy requested copies of seven categories of records related to Osgood Solar's plan approval application before the Town's Planning Board. By letter dated February 5, 2016 you requested clarification by Attorney Duffy. Subsequent to additional correspondence between the Town and Attorney Duffy, on March 3, 2016 by email Attorney Duffy renewed his request for records; he has yet to receive a written response 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). 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 Dist. 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 Town has failed to respond to Attorney Duffy's March 3 renewed request for public records. Accqrdingly, the Town is hereby ordered, within ten (10) days ofthis order, to provide a written response to Attorney Duffy, prepared in a mannerconsistent with this order,. the Public Records Law and its Regulations. If the Town maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Attorney One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Raymond T. Santilli SPR16!193 Page 2 March 25,2016 Duffy 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, § IO(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 re est. Please contact my office directly at the telephone number provided in this det · r further information. ams ecords cc: Mr. Michael Duffy, Esq.