Michael Milanoski v. Cohasset Conservation Commission (SPR 20180430)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April17, 2018 SPRlS/430 Mr. Jeffrey Summers Cohasset Conservation Commission Cohasset Town Hall 41 Highland A venue Cohasset, MA 02025 Dear Mr. Summers: I have received the petition from Michael Milanoski appealing the non-response from the Cohasset Conservation Commission (Commission) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Mr. Milanoski sent an email on Aprill, 2018 requesting public records including but not limited to the Cohasset Conservation Hearing on November 17, 2016, and December 15, 2018. Specifically, Mr. Milanoski is requesting the Commission's meeting tapes which are stored in the Town of Cohasset's town server. Mr. Milanoski states that the Commission has not responded to his request within the required ten business days. Public Records Law Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 1O (b ). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control ofthe custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control ofthe public record sought, if known. See G. L. c. 66, § lO(b) (iii). When withholding requested records, a records custodian is required to provide a response that identifies "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." G. L. c. 66, § 1 O(b )(iv). Any non-exempt, segregable portion of a public record is subject to mandatory 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. Jeffrey Summers SPR18/430 Pg.2 April17, 2018 disclosure. See G. L. c. 66, § 10(a); Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289- 90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Conclusion The Commission has not meet its burden to demonstra!e the records are not public given that it did not cite any exemptions or provide specific reasons for the withholding of the requested records. Also, it is unclear if the records that Mr. Milano ski is requesting are within the possession of the Commission. Accordingly, the Commission is ordered to produce any responsive records in its possession in a manner consistent with this determination, the Public Record Law, and its Regulation within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Mr. Michael Milanoski