J. Shannon Bianchi v. Nahant, Town of - Town Clerk (SPR 20181275)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 7, 2018 SPRlS/1275 Margaret R. Barile Town Clerk Town of Nahant 334 Nahant Road Nahant, Massachusetts O1 908 Dear Ms. Barile: I have received the petition of John Shannon Bianchi appealing the response of the Town of Nahant (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Bianchi submitted four requests for records regarding the search for and selection of the Town Administrator. The Town provided responses to certain requests. Mr. Bianchi appealed, indicating he did not receive responses to each of the requests and that he is not satisfied with portions of the responses provided. 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, § lO(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). Current appeal In his appeal petition Mr. Bianchi indicates he made requests on April 9, 2018; July 11, 2018; July 13, 2018 and July 19, 2018. I understand the Town responded to the July 13th request on August 3, 2018 and also responded to the April 9th request on August 16, 2018. Mr. Bianchi asserts the August 16th response "did not match in any way, shape, or form the criteria within 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

Margaret R. Barile SPRIS/1275 Page2 September 7, 2018 the April 9 Request." With respect to the August 3rd response Mr. Bianchi indicates "I received minutes and agendas, but zero emails." I find the Town must clarify whether it possesses any additional records responsive to the April 9th and July 13th requests and provide such records in a manner consistent with the Public Records Law and its Access Regulations (Regulations). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Mr. Bianchi also indicates he has not received responses to his July 11th or July 19th requests. The Town must provide responses to these requests in a matter consistent with the Public Records Law and its Regulations. See G. L. c. 66, § IO(a)-(b). Conclusion Accordingly, the Town is ordered to provide Mr. Bianchi with a response provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 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: John Shannon Bianchi