Kim Sherwood v. Andover, Town of - Town Manager (SPR 20170504)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 13, 2017 SPR17/504 Andrew P. Flanagan Andover Town Manager 36 Bartlett Street Andover, MA 01810 Dear Mr. Flanagan: I have received the petition of Kim Sherwood appealing the response of Andover Town Manager (Town) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, on March 28, 2017, Ms. Sherwood requested "copies of all correspondence between the Selectmen/Town Manager and the Spring Grove Cemetery Commission for the period of May 1, 2015 to date." In a response dated April 11, 2017, the Town provided the responsive records with portions redacted pursuant to Exemption (c) of the Public Records Law. See G. L. c. 4, § 7(26)(c). Unsatisfied with this response, Ms. Sherwood petitioned this office and this appeal was opened as a result. Specificity The Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § IO(c) (emphasis added); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). The Town's response did not contain the specificity required in a denial of access to public records. Instead, the Department's response merely cites Exemption (c) without any further explanation as to the exemption's applicability to the requested records. The Town is not permitted to issue a blanket denial without providing any further information with respect to the requested records. Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Town intends to provide a supplemental response. Accordingly, I will consider this appeal closed with the proviso that the Town provide Ms. Sherwood with a supplemental 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

Andrew P. Flanagan SPRl 7/504 Page 2 April 13, 2017 response within ten (10) business days in which Ms. Sherwood's concerns are addressed. 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. Ms. Sherwood may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). Sincerely, Rebecca S. Murray Supervisor of Records cc: Kim Sherwood