Barry Stringfellow v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority (SPR 20171469)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords October 23, 2017 SPR17/1469 Steven Sayers, Esq. General Counsel Woods Hole, Martha's Vineyard and Nantucket Steamship Authority P.O. Box 284 Foot of Railroad Avenue Woods Hole, Massachusetts 02543 Dear Attorney Sayers: I have received the petition of Barry Stringfellow appealing the response of the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority (SSA) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Stringfellow requested "access to and copies of records reflecting the annual amounts paid the Steamship Authority for Transportation by the Oak Bluffs Ambulance Service, and number of trips taken, on any Steamship Authority Vessel, for the last three years." Previous appeals This request was the subject of previous appeals. See SPR17/1169 Determination ofthe Supervisor ofRecords (September 7, 2017); SPR17/1233 Determination ofthe Supervisor of Records (September 12, 2017). I closed 17/1233 with the proviso the SSA provide a supplemental response to Mr. Stringfellow. In its supplemental response, dated September 25, 2017, the SSA provided Mr. Stringefellow with an explanation of its rationale for withholding responsive records pursuant to the SSA's Enabling Act as it operates through Exemption (a) ofthe Public Records Law. G. L. c. 4, § 7(26)(a). Unsatisfied with the SSA's response, Mr. Stringfellow appealed and SPR17/1469 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 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

Steven Sayers, Esq. SPR17/1469 Page 2 October 23, 2017 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, § 10(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. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public's right to inspect records under the Public Records Law is restricted. See Attorney Gen. v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either "shall not be a public record," "shall be kept confidential" or "shall not be subject to the disclosure provision of the Public Records Law." The second category under the exemption includes records deemed exempt under statute by necessary implication. The applicable statqte that the SSA cited to withhold the requested records, pursuant to Exemption (a), is the SSA Amended Enabling Act. St. 1960, c. 701, § 4; Clause G) added by St. 2003, c. 26, § 651, eff. July 1, 2003. The SSA's customers' confidential information, which is statutorily exempt from disclosure for the purposes of maintain customer confidentiality, is defined as: [A]ll information relating to specifically named customers using the authority's reservations system including, but not limited to, passenger names, home addresses, email addresses, telephone numbers, credit and account data and the dates and times of their reservations and sailings. Such information shall not be a public record, although it may be used and disclosed by the authority as necessary in connection with the appropriate conduct of its operations and in connection with law enforcement activities. The authority shall provide to a customer requesting any such information, all information that the authority has pertaining to the customer. The authority shall obtain

Steven Sayers, Esq. SPR17/1469 Page 3 October 23, 2017 the express, written consent of the customer before releasing customer information to a third party for commercial or noncommercial purposes. St. 1960, c. 701, § 4; Clause G) added by St. 2003, c. 26, § 651, eff. July 1, 2003. The SSA's September 25th response explains "the Oak Bluffs Ambulance Service is an SSA customer that uses the SSA's reservations system" and the request "specifically named" the Oak Bluffs Ambulance Service as the entity whose information is sought. Whereas the responsive records consist of information related to the type of information specifically exempted by statute, I find that the SSA has acted properly in withholding the records falling within the claimed statutory exemption from disclosure. Conclusion Accordingly, whereas the SSA may properly withhold the requested records pursuant to the SSA's Enabling Act as it operates through Exemption (a) ofthe Public Records Law, this administrative appeal is closed. If Mr. Stringfellow is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court ofthe Commonwealth. See G. L. c. 66, § 10A(a) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Barry Stringfellow