Wilson G. Dobson, P.E. v. Executive Office of Energy and Environmental Affairs - Department of Conservation and Recreation (SPR 20160458)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 12, 2016 SPR16/458 M~rBriCfgerconn:eny-­ Assistant General Counsel Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston, MA 02114 Dear Attorney Connelly: I have received the petition of Wilson Dobson appealing the nomesponse of the Massachusetts Department of Conservation and Recreation (Department) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, on May 9, 2016, Mr. Dobson requested GIS information or GPS coordinates or any other method the Department uses to locate trails. This request was the subject of a previous appeal. See SPR16/394 Determination of the Supervisor of Records (June 23, 2016). In a response to this Determination, on June 21, 2016 the Department provided Mr. Dobson with a certain records responsive to his request. In addition the Department withheld what it described as "GIS and GPS information identifying the geographical location of unauthorized trails in the Ware River Watershed", citing Exemptions (f) and (n) the investigatory and public safety exemption, to the Public Records Law as means for withholding the information. G. L. c. 4 §§(f), (n). The Department provided no additional information to support its exemption claims. 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Bridget Connelly SPR16/458 Page 2 July 12, 2016 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. 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 -----------Recorastaw. In aclaition, memoers of my staff will v1s1t a records custodmn m 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. Order I find the Department has failed to properly respond to a request for public records, and has failed to rebut any presumption that any existing responsive records are public records. Accordingly, the Department is hereby ordered to provide Mr. Dobson with a revised response to the 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 office at pre@sec.state.ma.us. Shawn A. Williams Supervisor of Records cc: Mr. Wilson Dobson