Michael Gagne v. Wareham, Town of - Emergency Medical Services Department (SPR 20191381)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 16, 2019 SPR19/1381 Director David Evans Wareham Emergency Medical Services Department P.O. Box 3492 72 Sandwich Road Wareham, MA 02571 Dear Director Evans: I have received the petition of Michael Gagne appealing the nonresponse of the Town of Wareham Emergency Medical Services Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically on March 22, 2019, Mr. Gagne requested records concerning a ce1iain incident that occurred in October. Tlte 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). 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 Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Depaiiment provided Mr. Gagne a response in an email dated July 15, 2019. In light of the Depaiiment' s July 15th email, I will now consider this administrative appeal closed. Mr. Gagne may appeal the substantive nature of the Depaiiment's response within ninety days. See 950 C.M.R. 32.08(1). One Ashbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

SPR19/1381 Directors Evans Page 2 July 16, 2019 Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Michael Gagne