Pat Bender v. Canton, Town of - Town Clerk (SPR 20190634)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 4, 2019 SPR19/633; SPR19/634 Tracey Kenney Canton Town Clerk 801 Washington St, 1st Floor Canton, MA 02021 Dear Tracey Kenney: I have received the petitions of Pat Bender appealing the non-response of the Town of Canton (Town) to requests for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1) Specifically, Mr. Bender requested copies of the Canton Police Department's "daily logs." 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). Itis the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1 O(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. Conclusion It is my understanding that a response was forwarded to Pat Bender via email by Helena Rafferty of the Canton Police Department on March 25, 2019. In light of the Town's March 25th response, I will now consider this administrative appeal closed. Mr. Bender may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). 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

SPR19/633; SPR19/634 Tracey Kenney Page 2 April 4, 2019 Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Pat Bender Helena Rafferty