Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20160645)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 31, 2016 SPR16/645 Ms. Patricia Dzuris Town of Chelmsford Town Manager 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Dzuris: I have received the petition of Stanley Mazurczyk appealing the response of Town of Chelmsford (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Mazurczyk requested copies of certain "electronically filed complaints." Mr. Mazurczyk appealed the responses by the Town to this request. 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. Determination In an August 29 telephone conversation a member of my staff explained the obligations of a records custodian in responding to a request for public records. Subsequent to this conversation you agreed to provide Mr. Mazurczyk a revised response to his request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Patricia Dzuris SPR16/645 Page 2 August 31,2016 Accordingly, I will consider this appeal closed with the proviso that a revised response is provided to Mr. Mazurczyk, 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. Mr. Mazurczyk may appeal the substantive nature ofthe Town's revised response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. Stanley Mazurczyk