Ronald Creamer, Jr. v. Dennis, Town of - Town Clerk (SPR 20191580)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 19, 2019 SPR19/1580 Sara McDonald Town of Dennis Town Clerk's Office 685 Route 134 South Dennis, MA 02660 Dear Ms. McDonald: I have received the petition of Ronald Creamer, Jr. appealing the nonresponse of the Town of Dennis (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Creamer requested all work orders, invoices, proofs of payments, change orders and communications regarding an identified project. The Town initially provided some records, however, Mr. Creamer informed the Town not all responsive records were provided. Since that time, no further records have been 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). 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Sara McDonald SPR19/1580 Page 2 August 19, 2019 Order Despite being notified of the opening of this appeal, no further documents or response has been provided. Accordingly, the Town is ordered to provide Mr. Creamer with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Mun-ay Supervisor of Records cc: Ronald Creamer, Jr.