Lisa Lewand v. Townsend, Town of - Town Clerk (SPR 20181080)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 3,201 8 SPR1811080 Kathleen M. Spofford, CMMC Town Clerk Town of Townsend 272 Main Street Townsend, MA 0 1469 Dear Ms. Spofford: I have received the petition of Lisa Lewand appealing the response of the Town of Townsend (Town) to a request for public records. G. L. c. 66, 8 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Lewand requested a copy of: "email documents from or to [an identified individual] referencing the [Town's] Police Department or any specific departmental police personnel between January 1,2015 -April 25,201 8 that are not exempt from the Public Records Law." Prior appeal The requested records were the subject of a prior appeal. See SPR1811055 Determination of the Supervisor of Records (Supervisor) (July 19,2018 ). The prior appeal was opened due to a non-response within the ten day time frame. I closed SPR1811055 after the Town provided the records to Ms. Lewand on July 18,2018 . The Town provided Ms. Lewand with the responsive emails; however, Ms. Lewand indicated in her petition to the Supervisor that she had not received the emails from 201 5. Ms. Lewand states, "there is no rhyme or reason, at all, to the hundreds of pages of documents/duplicates. Nothing is in any kind of order. There are 2016 and 201 8 emails on the same pages as well as emails regarding the same issues, on the same day, with different years." As result of this petition to the Supervisor, the current appeal, SPRl811080, was opened. Tlze 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 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

Kathleen M. Spofford, CMMC Page 2 August 3,20 18 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, 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). Current appeal On July 19 t", you provided this office with a copy of your July 1g the mail which notified Ms. Lewand that the records were ready for her to pick-up at the TreasurerICollector's Office. The Town did not charge any fees for the production of the responsive emails. On the same day, the Town Administrator, James M. Kreidler, Jr. provided a cover letter to accompany the responsive emails. However, Mr. Kreidler's letter does not confirm whether the 2015 emails were in fact provided. Mr. Kreidler's letter suggests that certain records and certain portions of records are - - exempt under the personnel clause of Exemption (c), on-going investigatory matters under (0, Exemption the attorney-client privilege and under the Open Meeting Law due to ongoing matters discussed in executive session. It is unclear what records are being withheld. Specificity in responding I find that the Town has not met its burden of specificity in responding to the request. The Town did not specifically state whether it was providing the emails fiom each of the three years requested. It is unclear whether the Town did in fact provide the 201 5 emails. Under the Public Records Law, the Town must also identify the records, categories of records or portions of records in its possession that it intends to withhold. G. L. c. 66, 5 lO(b)(iv); 950 C.M.R. 32.06(3)(~)(4). Order Accordingly, the Town is hereby ordered to review, redact where necessary, and provide Ms. Lewand with the responsive emails, including those from 201 5, in a manner consistent with this order, the Public Records Law, its Regulations and this determination within ten (10) business days. A copy of any such response that accompanies the records 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.

Kathleen M. Spofford, CMMC Page 3 August 3,201 8 Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Lewand (via email) James M. Kreidler, Jr., Town Administrator