Cathleen A. Godzik, M.D. v. Webster, Town of - Town Administrator (SPR 20170136)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 3,2017 SPR171136 Doug Willardson Town Administrator Town of Webster 350 Main Street Webster, MA 0 1570 Dear Mr. Willardson: I have received the petition of Cathleen Godzik and Gail Arsenault appealing the nonresponse of the Town of Webster (Town) to a request for public records. G. L. c. 66 5 10(b); -see -also 950 C.M.R. 32.08(2). Specifically, on January 24,2017, Ms. Godzik and Ms. Arsenault requested seven (7) categories of records. Despite our letter to you dated January 30,2017 and a communication from a member of my staff, no response has been provided. 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, 9 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, 9 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, 3 10(c); see also District Attornev for the Norfolk Dist. v. Flatlev, 419 Mass. 507, 51 1 (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. - One Ashburton Place, Room 1719 , Boston, Massachusetts 02108 (617) 727-2832 Fax (617) 727-5914 www.sec.state.ma.uslpre