Cynthia B. Gardner v. Cotuit, Town of - Fire District (SPR 20181088)

e Commonw chnsetts Francis Galvin. Secretan of the Commonwealth Public Records Division Rebecca S. Murra, Supervisor ofR ecords August 6. 2018 SPR18/1088 Ray Pirrone Town of Cotuit Fire District 64 High Street Cotuit, Iv1A 0263 5 Dear Mr. Pirrone: I have received the petition of Cynthia Gardner appealing the response of the Town of Cotuit Fire District (District) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Ms. Gardner requested records showing whether the Fire Chief worked on and received compensation for New Year's Day, Martin Luther King's Birthday, 4t\ Washington ·s Birthday, Patriot's Day, Memorial Day, July Labor Day, Columbus Day, Veterans' Day, Thanksgiving. and Christmas. Ms. Gardner also requested that the May and June 2018 budgets be posted to the District's website. Having not received a satisfactory response. Ms. Gardner petitioned this office. Please note the District previously sought an extension of time to produce responsive records. See SPRl 8/1121 Determination of the Supervisor of Records (August 2, 2018). In my August 2°d determination I declined to grant the Districf s petition for an extension of time to produce the responsive records and advised the District it must provide a response to Ms. Gardner in a manner consistent with this determination, the Public Records Law and its Access Regulations (Regulations). 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 vvithhold a requested record. G. L. c. 66, § 1O (b)(iv): 950 C.M.R. 32.06(3); see also Dist. Attornev for the Norfolk Dist. v. Flat}ev, 419 Mass. 507, 511 ( 1995) (c ustodian has the burden of 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

Ray Pirrone SPR18/1087 Page2 August 6, 2018 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, § I O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite being notified of the opening of this appeal and communications from a member of the Public Records Division staff, no further response has been provided. Accordingly, the District is ordered to provide Ms. Gardner with a response to the request, provided in a manner consistent with this order, the August 2nd determination referenced above, the Public Records Law and its Regulations without delay. See G. L. c. 66, § l(a). 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, f!JLwA~ Rebecca S. Murray Supervisor of Records cc: Cynthia Gardner