Patrick Higgins v. Swansea, Town of - Park Commission (SPR 20160281)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A, Williams Supervisor of Records

May 4, 2016 SPR16/281

Mr. Joe Santos, Chairman

Town of Swansea — Parks Commission 81 Main Street

Swansea, MA 02777

Dear Mr. Santos:

I have received the petition of Patrick Higgins appealing the nonresponse of the Swansea Parks Commission (Commission) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested a date and time to inspect records held by the Parks Commission for a specific time period. Despite our letter to you dated April 27, 2016 acknowledging the opening of this appeal and a communication from a member of my staff, no response has been provided.

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 Commission has failed to respond to a request for public records. Accordingly, the Commission is hereby ordered, within ten (10) days of this order, to provide Mr. Higgins with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. If the Commission maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Higgins 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

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914

www.sec.state.ma.us/pre

Mr. Joe Santos, Chairman SPR16/281 Page 2 May 4, 2016

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 determination for further information.

Bervisor of Records

cc: Mr. Patrick Higgins