Gar Chung v. Weymouth, Town of - Retirement Board (SPR 20180870)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 25,20 18 SPRl81870 Jo-Ann Anti Town of Weymouth Retirement Board 807 Broad Street Weymouth, MA 02 18 9 Dear Ms. Anti: I have received the petition of Gar Chung, Managing Director of Financial Investment News, appealing the response of the Town of Weymouth Retirement Board (Board) to a request for public records. G. L. c. 66, 5 l0A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Chung requested a copy of: 1. The Terracap, Stockbridge and Equus Capital Manager presentations from the January 20 18 meeting; 2. The RS Investment presentations from the March 201 8 meeting; and 3. The Principal, SSgA, and Wellington Manager presentations from the April 2018 meeting. In a June 13,2018 email to Mr. Chung, you state, "[all1 fund managers' presentations specifically state '[qor financial professional/institutional use only. May not be used with the public.' Therefore, they are not considered a public record." As result of the Board's denial, Mr. Chung petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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, 5 10A(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, 5 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in One Ashburton Place, Room 1719 , Boston, Massachusetts 0210 8 = (6 17) 727-2832. Fax: (61 7) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Jo-Ann Anti Page 2 June 25,2018 order to withhold a requested record. G. L. c. 66, 5 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); 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). Burden of specificity in responding In his petition for an appeal, Mr. Chung informed this office that the investment manager presentations were handed out in open session at the Board meetings. A review of the Board's response reveals that it denied Mr. Chung's request without claiming any exemption(s) in the Public Records Law that would support the withholding of 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, 5 10(b)(iv); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 51 1. The Board did not meet its burden of demonstrating how the responsive records, in their entirety, are exempt from disclosure. See Reinstein v. Police Comrn'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). The Board must produce any non-exempt, segregable portions of the public records. G. L. c. 66, 5 10 (a). Conclusion Given that the Board did not meet its burden in claiming an exemption from disclosure, it may not permissibly withhold the requested records. Consequently, the Board is hereby ordered to review the records, redact where necessary, and provide Mr. Chung with the responsive records, 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 that accompanies the records to explain any redactions 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. The Board may request reconsideration of this determination within ten days of the date of this letter. Sincerely, w Rebecca S. Murray Supervisor of Records cc: Mr. Gar Chung