Eoin Higgins v. Great Barrington, Town of - Town Manager (SPR 20170190)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 17, 2017 SPR17/190 Jennifer Tabak:in Town Manager Town of Great Barrington 334 Main Street Great Barrington, MA 01230 Dear Ms. Tabakin: I have received the petition of Eoin Higgins appealing the response of the Town of Great Barrington (Town} to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Higgins requested notes and information used to update a specifically identified list. You provided a response to Mr. Higgins; however, it did not include the requested documents. Mr. Higgins appealed to this office. 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, § lOA(d); 950 C.M.R. 32.03(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, § 1O (b )(iv), 950 C.M.R. 32.06(3); see also Dist. 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Jennifer Tabak:in SPRl 7/190 Page 2 February 17, 2017 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://V1r\v\v.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. Based on the Town's responses, it is unclear if all responsive records were provided. Subsequent to a conversation with a member of my staff, you notified this office that a subsequent response would be provided to Mr. Higgins with regard to the notes he requested. This response must clarify whether responsive records have been withheld, and if so, under what exemption. See G.L. c. ·66, §§lO(a)(ii), lO(b)(iv). Conclusion Accordingly, I will consider this administrative appeal closed with the proviso that the Town provides Mr. Higgins a response made in compliance with this order, the Public Records Law, and its Regulations, with ten (10) business days. Mr. Higgins may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely,~ Rebecca S. Murray Supervisor of Records cc: Eoin Higgins