Stephen J. Morgan v. Ashland, Town of - Public Schools (SPR 20160389)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 15, 2016 SPR16/379; SPR16/385, SPR16/386, SPR16/387, SPR16/388, SPR16/389 Ms. Tara A. Ward, CMC/CMMC Town Clerk Town of Ashland 101 Main Street Ashland, MA 01 721 Dear Ms. Ward: I have received the petition of Stephen J. Morgan appealing the response of Town of Ashland (Town) to six (6) separate requests for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Morgan records requests included: 1. On March 24, 2016, copies of CIC emails; 2. On April 7, 2016, copies ofBOS and CIC meeting minutes; 3. On April20, 2016, copies of records regarding funds for local aide in earmark to the Town in 1599-0026 Municipal Regionalization & Efficiency Incentive reserve in the 2016 state budget; 4. On April21, 2016, copies of an OML complaint; 5. On May 22, 2016, copies of records related to the Capital Improvement Program; and 6. On May 27, 2016, copies of records regarding a specifically named individual working in multiple towns, and a copy or draft of the Town policy regarding Town employees working multiple jobs or contracts. Having not yet received a proper response, Mr. Morgan petitioned this office. Given that that the six (6) records requests were made to the Town's Clerk's office, all six (6) appeals will be addressed by this determination. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. TaraA. Ward SPR15/379; SPR16/385, SPR16/386 Page 2 SPR16/387, SPR16/388, SPR16/389 June 15,2016 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). 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. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(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 ($1 0. 00), custodian of records shall provide written good faith estimate). Once fees are paid, a records custodian 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. Present appeals In a June 15, 2016 telephone conversation you indicated you would review and provide responses to each of Mr. Morgan's requests. To assist you in this matter my office will provide with your copy of this letter copies of each of Mr. Morgan's requests that are subject to this determination. Whereas this matter was opened based upon the Town's failure to provide a complete written response, I will now consider this administrative appeal closed with the proviso that the Town respond to each of Mr. Morgan's requests without delay.

Ms. Tara A. Ward SPR15/379; SPR16/385, SPR16/386 Page 3 SPR16/387, SPR16/388, SPR16/389 June 15, 2016 A copy of any such response must be provided to th" office. It is preferable to send an electronic copy of this response to this office at re sec.st .ma.us. Mr. Morgan may appeal the substantive nature of the Town's response within · e y ( ) days. See 950 C.M.R. 32.08(2). r of Records cc: Mr. Stephen J. Morgan Mr. Michael D. Herbert, Town Manager