Robert B. Casper v. Provincetown, Town of (SPR 20181229)

e Commonwealth Massachusetts \Villiam Francis Galvin. Secretary of the Commonwealth Public Records Division Rebecca S. Murrm Supervisor ofR ecords August 27, 2018 SPR18/1229 Darlene Van Alstyne Tovm Clerk Town of Provincetovvn 260 Commercial Street Provincetown, MA 02657 Dear Ms. Van Alstyne: I have received the petition of Robert Casper appealing the nonresponse of the Tov,m of Provincetown (Town) to a request for public records. G. L c. 66 § 1 OA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Casper requested "existing documents, work sheets, calculations, notes, and written conclusions drawn that led to your determination in voting to deny space for Sailing for All Provincetown." Unsatisfied with the Town's response, he petitioned this office. 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, § 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 l 719. Massachusetts 02108 • (61 727-283:?• Fax: (61 T) 727- 14 , secsrate.ma.us1pre • prer~~ sec .. state.ma.us

Darlene Van Alstyne 8/1229 Page 2 August 27. 2018 Order Subsequem to the opening ofthis appeal. this office was notified that a new response was provided August 23, 2018. 'vl'hereas this appeal was opened due to the T mvn of Provincetovm' s faih.rre to provjde a satisfactory response to J\1r. Casper. I will consider this administrative appeal closed. Mr. Casper may appeal the substantive nature of the Authority's response within ninety days. See 950 C.M.R. 32.08(1 ). Sincerely, ~·~ Rebecca S. Murray Supervisor of Records cc: Robert Casper