Roxanne L. Donovan v. Charms Collaborative (SPR 20170399)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 12, 2017 SPR17/399 Gretchen Conlon Charms Collaborative 445 Central Street Stoughton, MA 02072 Dear Ms. Conlon: I have received the petition of Roxanne L. Donovan appealing the response of CHARMS Collaborative (Collaborative) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Ms. Donovan requested a copy of payroll records of a specifically identified individual for the period of 8/29/09-08/25/14. The Collaborative provided a response on March 27, 2017. Ms. Donavan was dissatisfied with the response and this appeal (SPRl 7/399) was opened as a result. 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, § lO(c); 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, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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 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

Gretchen Conlon SPRl 7/399 Page 2 April 12, 2017 the Internet, free of charge, at http://W\vw.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on the Public Records Division staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of the Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. In its March 27, 2017 response, the Collaborative provided certain information and indicated that for records pertaining to specific individuals, the requester must contact the IRS. However, it is unclear if the Collaborative possesses additional responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). If the Collaborative maintains that the responsive records no longer exist, the Collaborative must explain in writing its justification under the Public Records Law and the Municipal Records Retention Manual for destroying the records. I understand a member of the Public Records Division staff contacted you via telephone call about this matter. Conclusion Accordingly, the Collaborative is hereby ordered to provide a supplemental response made in compliance with the Public Records Law and its Regulations and this order with in 10 business days. Ms. Donovan may appeal the substantive nature of the response within ninety (90) days. See 950 C.M.R. 32.08(1). 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, Ymllutit- Rebecca S. Murray / Supervisor of Records cc: Roxanne L. Donovan