Stanley J. Soltys v. Warren, Town of - Board of Selectmen (SPR 20160559)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 10,2016 SPR16/559 Mr. Jeffrey Blake, Esq. KP Law, P.C. 10 1 Arch Street Boston, MA 02110 Dear Attorney Blake: I have received the petition of Stanley J. Soltys appealing the response of the Town of Warren-Board of Selectmen (Board) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Soltys requested a copy of: 1. The employment contracts for the Police Department, Police Chief and Fire Chief, 2. The employee/job performance evaluations for the Police Chief and Fire Chief, and 3. The mileage and service completed on particular Police Department vehicles. The Town provided all the requested records, with the exception of the job performance evaluations for the Town's Police Chief and Fire Chief. Board Administrative Secretary Lorena Prokop provided Mr. Soltys a written response on April28, 2016, stating that the evaluations have been withheld pursuant to the application of the Open Meeting Law as it operates through Exemption (c) of the Public Records Law. In an August 4, 2016 telephone conversation with an attorney on my staff, you explained that you intend to provide Mr. Soltys a revised detailed response to support the Board's exemption claims. To assist you in this task a member of my staff provided you with a copy of the file associated Mr. Soltys' appeal. The Public Records Law 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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Jeffrey Blake, Esq. SPR16/559 Page 2 August 10, 2016 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. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § lO(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). To assist in requesting and responding to requests for public records I refer you 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 below for further information. Conclusion Whereas the Board intends to provide a revised response, I will now consider this administrative appeal closed. A copy of the Board's response to Mr. Soltys 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. Mr. Soltys may appeal the substantive nature ofthe Board's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Mr. Stanley J. Soltys Ms. Lorena Prokop