Sally W. Rose v. Walpole, Town of - Town Administrator (SPR 20160229)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April14, 2016 SPR16/229 Mr. James Johnson Town Administrator Town of Walpole 135 School Street Walpole, MA 02081 Dear Mr. Johnson: I have received the petition of Sally W. Rose appealing the response of the Town of Walpole-Town Administrator (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Rose requested a copy of a particular "Information Disclosure Restriction Commitment." The Town provided a copy of the record; however, Ms. Rose appealed, as she was not certain whether any portions of the record were redacted or otherwise omitted from the copy she received. 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 or a portion of a 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 an April 11 telephone conversation with a member of my legal staff, you stated that the agreement provided to Ms. Rose is the only agreement that the Town has in its custody that is responsive to her request. By email to Ms. Rose dated April 13, a copy of which was provided to my office, you clarified that the record provided is complete and is the only record responsive to Ms. Rose's request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. James Johnson SPR16/229 Page2 April14, 2016 The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). I find the Town has confirmed that it provided o Ms. ose a complete copy of the sole responsive record. Accordingly, I will consider this dm ive appeal closed. [ er cc: Ms. Sally W. Rose