David Bixby v. Massachusetts Department of Transportation - Aeronautics Division (SPR 20160301)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 24,2016 SPR16/301 Mr. Jeffrey DeCarlo, Administrator Massachusetts Department of Transportation Aeronautics Division Logan Office Center One Harborside Drive, Suite 205N East Boston, MA 02128 Dear Mr. DeCarlo: I have received the petition of David Bixby appealing the response of the Massachusetts Department of Transportation-Aeronautics Division (Division) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bixby requested nine (9) series of records regarding the Chatham Airport. The Division responded to his request, however, Mr. Bixby appealed your response stating that you had not responded to his entire request. 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). Subsequent to the intervention by a member of my staff, this office was notified that a response was provided, dated May 11, 2016. Whereas this matter was opened based upon the Division's failure to provide a written response to Mr. Bixby's entire request, I will now consider this administrative appeal closed. Mr. Bixby may appeal the substantive nature of the Division's response within ninety (90) days. See 950 C.M.R. 32.08(2). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Jeffrey DeCarlo, Administrator SPR16/301 Page2 May24, 2016 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 rec rds custodian in person to conduct training workshops on the Public Records Law upon r quest. Please contact my office directly at the telephone number provided in this deter · t' o for further information. illiams cc: Mr. David Bixby