Michael Dreslinski v. Falmouth Town Counsel (SPR 20180440)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 18, 2018 SPRlS/440 Frank K. Duffy, Esq. Town of Falmouth Office of Town counsel 157 Locust Street Falmouth, MA 02540 Dear Attorney Duffy: I have received the petition of Michael Dreslinski appealing the response of the Town of Falmouth (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Dreslinski requested vendor invoices and paint and lettering specifications/instructions related to a recently purchased Falmouth Police Department vehicle. The Town provided Mr. Dreslinski with the vendor invoice and advised him the requested paint and lettering specifications/instructions did not exist. Mr. Dreslinski contends an invoice charge for paint and lettering is indicative of the Department creating and/or receiving the specifications/instructions required by the vendor in order to apply the paint and lettering to the Department's liking. Mr. Dreslinski appealed to this office to obtain the paint and lettering specification/instructions he believes exist. 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 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

Frank K. Duffy, Esq. SPR18/440 Page 2 April 18, 2018 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite the notification of the opening of this appeal and communications from a member of the Public Records Division staff, no response has been provided. Accordingly, the Town is hereby ordered to, provide Mr. Dreslinski with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Dreslinski