Fred W. Sunderland, Esq. v. North Andover, Town of - Town Manager (SPR 20160323)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 3, 2016 SPR16/323 Mr. Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 Dear Mr. Santilli: I have received the petition of Fred W. Sunderland, Jr., Esq. appealing the nomesponse of the Town ofNorth Andover (Town) to a March 31, 2016 request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Sunderland requested records related to "health insurance provided and costs associated with" two specifically identified retired teachers. Attorney Sunderland also requested records detailing the percent of "the health insurance cost paid by the town for the retirees." In a response dated AprilS, 2016 the Town informed Attorney Sunderland that he could find the information responsive to the second part of his request on the Town's website. With respect to record associated with specific retirees, the Town denied Attorney Sunderland's request citing to Exemption (c) of the Public Records Law. G. L. c.4 §7(26)(c). Attorney Sunderland appealed this denial of access to the responsive records. 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). The response by Town did not contain the specificity required in a denial of access to public records. Accordingly, the Town is advised that to comply with the Public Records Law OneAshburtonPlace, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Raymond T. Santilli SPR16/323 Page 2 June 3, 2016 and Regulations it must provide specificity with respect to any denial of access to public records. This requires a records custodian to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records. Accordingly, the Town is hereby ordered without delay to provide Attorney Sunderland with a response to his request, prepared in a manner consistent 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 provide to Attorney Sunderland 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, § 1O (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 req st. Please contact my office directly at the telephone number provided in this determination £ further information. cc: Mr. Fred W. Sunderland, Jr., Esq.