Steve Dondley v. Westfield, City of - City Council (SPR 20180374)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 26, 2018 SPRlS/374 Matthew Emmershy City Councilman City of Westfield 59 Court Street Westfield, MA 01085 Dear Mr. Ernrnershy: I have received the petition of Mr. Steve Dondley appealing the response of the City of Westfield City Council (City) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dondley requested recordings made of certain public meetings. Unsatisfied with the City's response, which claims that the requested records "do not fall under a government records request," Mr. Dondley 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, § 1O A( 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 cite an exemption, and 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, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City's March 22nd response 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

Mr. Matthew Ernmershy SPR18/374 Page2 March 26, 2018 In its response dated March 22, 2018, the City claims that the requested records are "personal," and therefore are not subject to disclosure under the Public Records Law. However, the City did not cite a specific exemption to support this claim. See G. L. c. 66, § lO(b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "). It is my understanding that a Public Records Division staff member contacted you regarding this appeal, and you expressed a willingness to provide Mr. Dondley with a supplemental response. Conclusion Accordingly, the City is hereby ordered to provide a response to Mr. Dondley without delay. Said response shall be made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Dondley may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Steve Dondley