Stevan Johnson v. Abington, Town of - Office of the Town Clerk (SPR 20192214)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 1, 2019 SPR19/2214 Leanne M. Adams Town of Abington 500 Gliniewicz Way Abington, MA 023 51 Dear Ms. Adams: I have received the petition of Stevan Johnson appealing the nonresponse of the Town of Abington (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Stevan Johnson requested a copy ofrecords pertaining to by-laws and/or ordinances relating to hackney carriages. As a result of the nonresponse, Mr. Johnson petitioned this office and this appeal was opened. 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. Current appeal Subsequent to an intervention by a staff member of the Public Records Division, I learned that the Town generated a response to Mr. Johnson's request on November 1, 2019 that informed him that "Abington does not have any Hackney Carriage Driver licenses or permits." Further, the Town explained that it does not have a hackney carriage program nor does the Town 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

Lemme M. Adams SPR19/2214 Page 2 November 1, 2019 license taxicabs. Under the Public Records Law, the Town is not required to create a list of records or any record in response to a public records request. Under the Public Records Law, the Town is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Accordingly, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stevan Johnson