Charles M. Vacca Jr., Esq. v. Swansea, Town of - Selectmen's Office (SPR 20160717)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/717 Mr. Arthur D. Frank, Jr., Esq. Town of Swansea Legal Counsel 209 Bedford Street, #402 Fall River, MA 02720 Dear Attorney Frank: I have received the petition of Charles M. Vacca, Jr., Esq. appealing the response of Town of Swansea (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Vacca requested various records from the Town's Board of Selectmen (Board) meeting on May 10,2016. In a June 21,2016 response you provided explanations with respect to certain records, denying access to "notes [you] read from" as "attorney work product." 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 ofthe responsive record. Order I find the Town's response does not satisfy the burden of specificity to deny access to records. Further it is unclear whether all responsive records were provided. Accordingly, the Town is hereby ordered to review provide Attorney Vacca with a response to the request, OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Arthur D. Frank, Jr., Esq. SPR16/717 Page 2 September 16, 2016 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 ofthis response to this office at pre@sec.state.ma.us. cc: Mr. Charles M. Vacca, Jr., Esq.