Cathleen A. Godzik, M.D. v. Webster, Town of - Town Administrator (SPR 20160648)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 26, 2016 SPR16/648 Ms. Pamela A. Leduc Acting Town Administrator Town of Webster- Municipal Building 350 Main Street Webster, MA 01570 Dear Ms. Leduc: I have received the petition of Gail M. Arsenault appealing the nomesponse ofthe Town of Webster (Town) to her request for public records. G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Ms. Arsenault requested a copy of seven categories of records related to property located on Loveland Road. Ms. Arsenault appealed the failure of the Town to provide a complete written response to her 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). 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 ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The Town is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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. Pamela A. Leduc SPR16/648 Page2 August 26, 2016 cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Town failed to provide a response to a request for public records The Town provided Ms. Arsenault with a copy of two invoices for fine assessed on the real property located in the Town; however the Town redacted the invoice numbers on both invoices and failed to claim any exemptions in the Public Records Law to support the redactions. In order to withhold content from a record, the custodian must not only cite an exemption in the Public Records Law but must specifically state how the exemption applies to withhold the particular content from the record. In an August 24 telephone conversation with an attorney on my staff, you stated you would review the matter to ensure a complete written response be provided with respect to each of the seven (7) categories of records. A copy of the file associated with this appeal was sent to you by my staff via email on August 24 to assist the Town in providing a proper written response to Ms. Arsenault's requests. Order I find the Town has failed to respond to a request for public records. Accordingly, whereas you have indicated that the Town intends to provide a compliant written response, I will consider this administrative appeal closed upon the proviso that such response be provided. The response must be 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. cc: Ms. Gail M. Arsenault