Neal Simpson v. Hingham, Town of - Town Administrator (SPR 20180802)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 18, 2018 SPR18/802 Thomas Mayo Town of Hingham-Town Administrator 210 Central Street Hingham, MA 02043 Dear Mr. Mayo: I have received the petition of Neal Simpson appealing the response of the Town of Hingham (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on April 24, 2018, Mr. Simpson requested a copy of"[a]ny settlements or other legal agreements resulting from or related to the reserve fund transfer of 86,500 described in the Dec. 19, 201 7 meeting minutes of the Hingham Advisory Committee." The Town provided a response on May 24, 2018, which included responsive records in redacted form. Unsatisfied with the Town's response, Mr. Simpson petitioned this office and this appeal, SPRl 8/802, 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, § 1O A( 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, § 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. 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. 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

Thomas Mayo SPR18/802 Page 2 June 18, 2018 The Town's May 2lh response; burden ofs pecificity In its May 24, 2018 response, the Town indicated that it had attached a copy of the responsive records. Although the Town provided responsive records in redacted form, the Town did not meet its burden to specifically claim an exemption or exemptions to withhold the redacted portions of the requested records. G. L. c. 66, § lO(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 exemption or exemptions upon which the withholding is based ..." ). The Town redacted portions of the responsive records without claiming any exemption(s) in the Public Records Law that would support the redactions made in the responsive records. Under the Public Records Law, the burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, § 1O (b )(iv); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. As a result, I find the Town did not meet its burden of demonstrating how the redacted portions of the records, are exempt from disclosure. If the Town maintains the redacted portions are exempt from public disclosure, it must cite specific exemptions and the reasons the exemptions apply to withhold the redacted portions of the responsive records. I understand a Public Records Division staff attorney contacted your office about this appeal but was unable to reach you prior to the issuance of this decision. Conclusion Accordingly, the Town is ordered to provide Mr. Simpson with a response to the request provided in a manner consistent with this order, the Public Records Law, and its Regulations 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. Sincerely, ·~~ Rebecca S. Murray Supervisor of Records cc: Neal Simpson