William A. Moschella, Esq. v. Rowley, Town of - Public Library (SPR 20160418)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 30, 2016 SPR16/418 Ms. Pamela Jacobson, Library Director Rowley Public Library 141 Main Street P.O. Box 276 Rowley, MA 01969 Dear Ms. Jacobson: I have received the petition of William Moschella, Sr. appealing the response of the Town ofRowley (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moschella requested records regarding a meeting led by a specifically identified Rowley resident on a specific date and time at the Rowley Public Library. In response you denied the request, stating that the responsive document "is exempt from disclosure" by statute. G. L. c. 4, § 7 (26) (a); G. L. c. 78, § 7. Your response provided no other information as to the statute or its applicability to the responsive record. 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, § 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). 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. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Pamela Jacobson, Executive Director SPR16/418 Page 2 June 30, 2016 Order Whereas the Town's response provided no specificity as to the applicability of the exemption to the withheld record, I find that the Town has failed to meet its burden and has not overcome the presumption that the responsive records are public records, subject to redaction. Accordingly, the Town is hereby ordered to provide Mr. Moschella with a revised written response to his request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. 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 o Ice at pre@sec.state.ma.us. Supervisor of Records cc: Mr. William Moschella, Sr.