Yale Bulldogs v. Kingston, Town of - Sewer Department (SPR 20171557)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 14, 2017 SPR17/1557 Kenda Cluff Town of Kingston, Sewer Department 26 Evergreen Street Kingston, MA 02364 Dear Ms. Cluff: I have received the petition of"Yale Bulldogs" appealing the nomesponse of the Town of Kingston Sewer Department (Department) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1 ). Specifically, the requestor asked for information regarding the Town of Kingston's sewage system. This request was the subject of a previous appeal. See SPRl 7/1312 Determination of the Supervisor of Records (September 27, 2017). I closed SPRl 7/1312 with the proviso the Department provide a supplemental response to the requester. In its response, the Department provided an answer to a question and requested further information from the requester to assist the Department in producing responsive records. Unsatisfied with the Department's response, the requestor 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, § IOA(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. 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

Kenda Cluff SPRl 7/1557 Page 2 November 14, 2017 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Use of custodian's superior knowledge In its response to the requester, the Department indicates that "[i]n order to provide this information we would need to know what properties you are defining as the Rock Nook Area. Once you have identified the properties to us, OR even the streets you want included, then we would review each of the properties you have identified, to obtain the most current information and then compile a report." In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. The duty to comply with requests for records .extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). An RAO must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § 1 O(b )(v ii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). It is my understanding a Public Records Division staff member contacted you about this matter and you indicated the Department has not received any further response from the requester regarding the information sought. Conclusion Accordingly, I will consider this administrative appeal closed. This office encourages the Department and the requester to communicate further to enable the Department to provide the requested public records. G. L. c 66, § lO(a)(i) (the request must reasonably describe the public record sought). Sincerely, Rebecca S. Murray Supervisor of Records cc: "Yale Bulldogs"