Andrew S. Warren v. Somerset, Town of - Board of Health (SPR 20170467)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 5, 2017 SPR17/467 Timothy D. Turner Health Agent Town of Somerset 140 Wood Street Somerset, MA 02726 Dear Mr. Turner: I have received the petition of Andrew Warren appealing the response of the Town of Somerset Board of Health (Town) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Warren requested "the complete, aggregate public record" referring to a file containing correspondence in regards to a complaint concerning a specifically identified address. The Town claims to have provided all records to Mr. Warren, but Mr. Warren believes more records are in existence and being withheld by the Town. For this reason, Mr. Warren petitioned this office and this appeal 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, § 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, § lO(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, § 1O (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

Timothy D. Turner SPRl 7/467 Page2 April 5, 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://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, 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 a response dated March 29, 2017, an agent with the Town provided Mr. Warren with "additional documents in the possession of the Board of Health" related to Mr. Warren's complaint. After a conversation with a Public Records staff member, I learned that the Town intends to provide a supplemental response. The Town must confirm whether all responsive records have been provided. Furthermore, the Town indicated that if they come across any other information that may have been inadvertently withheld, the Town will share these documents in addtitional responses. Conclusion Accordingly, I will now consider this administrative appeal closed with the proviso that the Town provide said response within ten (10) business days, made in compliance with the Public Records Law, Regulations and this order. Mr. Warren may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, -fJ.;uUA Wvuwla61- Rebecca S. Murray (} Supervisor of Records cc: Andrew S. Warren