Colman Herman v. Cohasset, Town of - Town Manager (SPR 20170338)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 21, 2017 SPR17/338 Christopher G. Senior Town Manager Town of Cohasset 41 Highland A venue Cohasset, MA 02025 Dear Mr. Senior: I have received the petition of Colman Herman appealing the response of the Town of Cohasset (Town) to a request for public records. G. L. c. 66 § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Herman requested a copy of a settlement agreement between the Town and a specific individual. 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. Previous appeal This request was the subject of a previous appeal. See SPR 17/ 251 Determination of the Supervisor of Records (March 3, 2017). In my March 3rd determination, following an in camera review of the requested agreement, I closed the appeal with the proviso that the Town provide a Mr. Herman a supplemental response. 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

Christopher G. Senior SPRl 7/338 Page 2 March 21, 2017 Current appeal In a response dated March 13, 2017 you provided Mr. Herman with a less redacted copy of the requested agreement. Mr. Herman petitioned this office, indicating it was unclear what exemptions the Town was claiming to justify the redactions. This appeal (SPR 17/338) was opened as a result. I understand a Public Records Division staff attorney contacted Louis M. Ross, Esq. of Deutsch Williams about this matter. Attorney Ross indicated the Town would provide Mr. Herman a supplemental response. This response must clarify the Town's position regarding the applicability of exemptions to the remaining redactions. See G. L. c. 66, § 1O (b )(iv). Conclusion Accordingly, I will consider this appeal closed with the proviso that the Town provide Mr. Herman a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman Louis M. Ross, Esq.