Stephen J. Morgan v. Ashland, Town of - Public Schools (SPR 20182034)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supen,isor ofR ecords January 2, 2019 SPR18/2034 Cindy Livingstone Town Ashland 10 1 Main Street Ashland, MA 01721 Dear Cindy Livingstone: I have received the petition of Stephen Morgan appealing the response of the Town of Ashland (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically in an email dated November 19, 2018, Mr. Morgan writes, "[p]lease post or provide via email the document packet for this meeting. Including at least the agreement for (5), any BAA grant applications submitted, SCADA contract extension and Massworks grant agreement." Unsatisfied with the Town's response, Mr. Morgan petitioned this office and as a result SPRl 8/2034 was opened. Current Appeal In an email dated November 26, 2018, you provided Mr. Morgan documents responsive to his request. In response to this email, Mr. Morgan expressed that he had not received the Massworks grant agreement as requested. 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. 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

Cindy Livingstone SPR18/2034 Page2 January 1, 2019 Subsequent to the invention by a member ofthis Division, I learned that the Town is aware of this appeal and is working on a response. Order Accordingly, the Town is ordered to provide :Mr. Morgan with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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, ~ u r r ~ Supervisor of Records cc: Stephen Morgan