John Feeney v. Massachusetts Water Resources Authority (SPR 20170525)

The Commonwealth of Massachusetts William Francis Galvin, Secretary ofthe Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 2, 2017 SPR17/525 Kathleen Chaloux. Esq. Senior Staff Counsel Massachusetts Water Resources Authority Charlestown Navy Yard 100 First Avenue, Building 39 Boston, MA 02129 Dear Attorney Chaloux: I have received the petition of John Feeney appealing the response of the Massachusetts Water Resources Authority (Authority) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Feeney requested all interview documents for specifically identified positions. The Authority denied his request, claiming that the responsive records were exempt as they were an assessment tool intended to be used for applicants. G. L. c. 4, § 7(26)(1). Mr. Feeney appealed as he believes a new set of questions is created at each interview. Tlte 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 ofthe 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. 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

Kathleen Chaloux, Esq. SPR17/525 Page 2 May 2, 2017 Conclusion In a telephone conversation with a member of my staff, the Authority stated that it would provide a revised response to Mr. Feeney provided in a manner consistent with this order, the Public Records Law and its Regulations by May 3, 2017. 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. Mr. Feeney 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: John Feeney