Sarah Bellino v. West Newbury, Town of - Town Clerk (SPR 20180758)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 7, 2018 SPR18/758 Michael Mccarron Office of the Town Clerk Town of West Newbury 3 81 Main Street West Newbury, MA 01985 Dear Mr. Mccarron: I have received the petition of Sarah Bellino appealing the response of the West Newbury Town Clerk (Town) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Bellino requested: copies of all licenses and/ or permits for Lodging Houses, Short Term Rentals, Bed and Breakfasts, Inns, Hotels and Motels issued by the West Newbury Board of Selectmen between the dates of January 1, 2014 to May 1, 2018. Claiming to have received no response, Ms. Bellino 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, § 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) (c ustodian 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

Michael Mccarron SPR18/758 Page 2 June 7, 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. Conclusion Despite being notified in writing of the opening of this appeal and numerous communications from a member of the Public Records Division staff, no response has been provided. Accordingly, the Town is ordered to provide Ms. Bellino 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: Sarah Bellino