Richard Squailia v. West Stockbridge, Town of - Town Clerk (SPR 20160457)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19,2016 SPR16/457 · Ms. Ronni Barrett Town of West Stockbridge Town Clerk's Office 21 State Line Road P.O. Box 163 West Stockbridge, MA 01266 Dear Ms. Barrett: I have received the petition of Richard Squailia appealing the nonresponse of the Town of West Stockbridge (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Squailia requested copies of signed certifications of Open Meeting Law materials for West Stockbridge officials. In your response it was unclear whether the Town possessed responsive records. Mr. Squailia appealed. 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. Order In a telephone message to you on July 19, 2016 I explained that the Town has the burden to provide any records responsive to Mr. Squailia's request. Accordingly, I will consider this OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Ronni Barrett SPR16/457 Page 2 July 19, 2016 appeal closed with the proviso that the Town review Mr. Squailia's request and provide a revised written response explaining whether responsive records exist, and if so the Town must provide copies of any responsive public records. A copy of any such response to Mr. Squailia 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. This administrative appeal is now closed. f!l();i Shawn A. Williams Supervisor of Records cc: Mr. Richard Squailia