Steven Mitchell v. Ashland, Town of - Public Schools (SPR 20160629)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 2, 2016 SPR16/629 Ms. TaraM. Ward, CMC/CMMC Ashland Town Clerk Office of the Town Clerk 101 Main Street Ashland, MA 01 721-1191 Dear Ms. Ward: I have received the petition of Steven Mitchell appealing the response ofthe Town of Ashland (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Mitchell requested copies of any correspondence between a specific Town Board of Health Member and a specifically identified person related to the Town's Health Agent. In response Ms. Margulies stated there are "no records that are responsive," and Mr. Mitchell appealed, stating his belief that such response "appears to claim that the public records request falls under an exemption." Tlte 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). 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 response may be an offer to provide records, a fee estimate for provision of the records, or a denial. 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Tara M. Ward, CMC/CMMC SPR16/629 Page2 September 2, 2016 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 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 appeal In her August 11 response Ms. Margulies stated she has "no records that are responsive." Ms. Margulies further states "[a]y communications that [Ms. Margulies] may have had as an individual resident of Ashland with anyone concerning those roles and responsibilities exclusively held by members of the Board of Selectmen and Town Manager ... are not public records." This does not to be a claim of an exemption; however, it is unclear whether any existing records may be public records. Order In order to determine whether there are any existing records the Town must review Ms. Margulies' response and seek further clarity from Ms. Margulies to find whether any records were made or received by her in her capacity as a member ofthe Board of Health. Accordingly, the Town is hereby ordered to conduct such a review and provide Mr. Mitchell 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 respVonsee tyo t,huis rosffi,c e at pre@sec.state.ma.us. sJl' A. illiams :tiso!o f Records cc: Mr. Steven Mitchell Ms. Lisa L. Mead, Esq.-Town Counsel Ms. Judith Margulies