Stephen J. Morgan v. Town of Ashland- Inspectional Services (SPR 20180492)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 26,20 18 SPR181492 Mr. Mike Crisafulli Building Commissioner Town of Ashland- Inspectional Services 10 1 Main Street, 2nd Floor Ashland, MA 0 1721 Dear Mr. Crisafulli: I have received the petition from Stephen J. Morgan appealing the response from the Town of Ashland's Inspectional Services (Department) regarding a request for public records. G. L. c. 66, fj 10A; see also 950 C.M.R. 32.08(1). Mr. Morgan is requesting documents pertaining to the granting of an expanded use of a site project completion of lights for a bus parking lot. Mr. Morgan also requests the actual permit relating to the site plan along with the site's inspection permit. On April 11 ,2018 , Mr. Morgan appealed to this office saying that he has not been provided the documents he has requested. Appeal 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, fj 10(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, 5 10(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 of the custodian of records at the time of the request. G. L. c. 66, fj 10(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 of the public record sought, if known. G. L. c. 66, fj lO(b)(iii). 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, fj 10(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 see exemption or exemptions upon which the withholding is based.. ."); 950 C.M.R. 32.06(3); 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. Mike Crisafulli Pg. 2 April 26,20 18 also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 51 1 (1995) (custodian has the burden of establishing the applicability of an exemption). It is unclear whether there are records responsive to Mr. Morgan's request or if these records are in the Department's possession. See G. L. c. 66, 8 lO(b)(ii), (b)(iii). If the Department is withholding documents regarding the requested site project, the Department must identify the withheld information, cite an exemption as the basis of the withholding and explain why the exemption applies. See G. L. c. 66, 5 lO(b)(iv). Conclusion Accordingly, the Department is ordered to review the requests made by Mr. Morgan and provide a response to Mr. Morgan, made in accordance with the Public Records Law, its Access Regulations and this order within ten 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.I f unresolved issues remain, Mr. Morgan may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray W Supervisor of Records cc: Mr. Stephen J. Morgan