Glen Ayers v. Greenfield, Town of - Accounting Department (SPR 20180607)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S, Murray Supervisor ofR ecords May 3, 2018 SPR18/607 Elizabeth Braccia Finance Director Greenfield Accounting Department 14 Court Square, Room 103 Greenfield, MA 01301 Dear Ms. Braccia: I have received the petition of Glen Ayers appealing the response of the Tmvn of Greenfield (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Ayers requested records related to gas distribution lines. Previous appeal This request was the subject of a previous appeal. See SPR18/384 Determination of the Supervisor of Records (ApriL 2018). I closed SPR18/384 by ordering the Town to provide Mr. Ayers with a supplemental response. The Town provided a response dated April 2, 2018. Claiming this response was still incomplete, Mr. Ayers petitioned this office, and this appeal (SPRl 8/607) 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, § 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 tmvn 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, § 1O (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

Elizabeth Braccia SPR18/607 Page2 May 3, 2018 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 the Town's response dated April 2, 2018, the Town provided records responsive to Mr. Ayers' request, and indicated that another response from the Town would be forthcoming. Mr. Ayers did not receive any additional response. In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in their 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 of records 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, § 1O (b )(vii) (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). Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the Town is working to compile additional responsive records and intends on providing Mr. Ayers with a written response in the meantime, addressing his concerns. Order Accordingly, the Town is hereby ordered to provide a response to Mr. Ayers 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. Ayers may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1 ). Sincerely, Rebecca S. Murray Supervisor of Records cc: Glen Ayers