Janet McGowan v. Amherst, Town of - Office of the Town Clerk (SPR 20191357)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pe1visor of Records July 22, 2019 SPR19/1357 Susan Audette Acting Town Clerk Town of Amherst 4 Boltwood A venue Amherst, MA O1 002 Dear Ms. Audette: I have received the petition of Janet McGowan appealing the response of the Town of Amherst (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. McGowan requested "all documents, including names, information, applications, resumes, emails and any correspondence, relating to all Amherst residents' applications for town boards and committee from December 1, 2018 to April 5, 2019." The Town responded on April 23, 2019 by providing a fee estimate for the production of records and also citing Exemption ( c) of the Public Records Law to withhold ce1iain records. G. L. c. 4, § 7(26)(c). TIie 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 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). 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 p01iion 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

Susan Audette SPR19/1357 Page 2 July 22, 2019 Appeal In its April 23rd response the Town indicated "[o]ur initial search for responsive records has identified 129 Community Activity Forms ('CAFs'), and nearly 14,000 e-mails, as well as agendas, minutes and similar potentially responsive documents. Without waiving any rights relative to same following the Town's review of your request and its records, the Town asserts that the CAFs and any supporting documentation will be withheld in their entirety, consistent with past practice and the application of the first and second clauses of Exemption ( c) , and further reserves the right to assert other exemptions, including the attorney-client privilege, when conducting a substantive review of the requested records." The Town also provided a fee estimate of $225 to produce records. In her appeal petition Ms. McGowan indicated "I am limiting my appeal, at this point in time, to the CAF forms." Subsequent to the opening of this appeal, Attorney Janelle Austin provided a supplemental response on behalf of the Town on July 11, 2019. In this response Attorney Austin indicates "[w]ithout waiving the Town's positions as outlined in its initial response regarding the disclosure of the Community Activity Forms ('CAFs'), which are expressly incorporated herein, in an effort to resolve this appeal, attached please find Town records responsive to your request." Attorney Austin provided" ... a pdf spreadsheet prepared by the Town containing all but certain redacted information on all CAFs received by the Town since December 1, 2018." She also notes "[i]n order to reasonably protect applicants' privacy, the Town has redacted ce1iain information, including names, telephone numbers, residence and email addresses, as well as specific places of employment and similar personal information for applicants in accordance with the first and second clauses of Exemption ( c) of the Public Records Law, as outlined in detail in the Town's initial response." Whereas the records at issue were initially withheld in their entirety, and the Town's July 111 11 supplemental response provides responsive information from the CAF forms, I will consider this appeal closed. Ms. McGowan may appeal the substantive nature of the Town's response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Janet McGowan Janelle M. Austin, Esq.