Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20170704)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 1,2017 SPR171704 Susan G. Hazen Town of Rowley - Town Clerk 139 Main Street Rowley, MA 01969 Dear Ms. Hazen: I have received the petition of Timothy Toomey appealing the response of the Town of Rowley Town Clerk's Office (Town) to a request for public records. G. L. c. 66 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 9,2017, Mr. Toomey requested records pertaining to the "water department enterprise funds of its free caswunexpended balance money after the close of the books for fiscal year, June 30,2015." In a response dated May 18,2017, the Town requested clarification to a portion of Mr. Toomey's request. 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, 5 10A(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, 5 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, 5 lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 5 11 (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, 5 lO(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

Suzan Hazen Page 2 June 1,2017 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 htt~://www.sec.state.ma.us/_pre/_pre~df/uiPdueb.dlifc. R ecords 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 worltshops 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. With respect to the records requested by Mr. Toomey, the Town must use its knowledge of the records to facilitate providing the type of payment records Mr. Toomey seeks. G.L. c. 66, 5 lO(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modifl the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). The duty to comply with records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. G.L. c. 66, 5 lO(a)(ii). Mr. Toomey must also clarify what type of additional records he is seeking. See also G.L. c. 66, 5 10(a)(i) (the request must reasonably describe the public record sought). Conclusion Accordingly, I will consider this appeal closed with the proviso that the Town provide Mr. Toomey a supplemental response made in accordance with the Public Records Law, its ~e~ulationasn,d this order within ten 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. Mr. Toomey may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Timothy Toomey