Kimberly Griffin v. Bourne, Town of - Office of the Town Clerk (SPR 20192409)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 16, 2019 SPR19/2409 Barry H. Johnson Town Clerk Town of Bourne 24 Perry A venue Buzzards Bay, MA 02532 Dear Mr. Johnson: I have received the petition of Kimberly Griffin appealing the response of the Town of Bourne (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Griffin requested a copy of a study performed by an outside company "to review personnel's job descriptions and duties of secretarial and administrative assistants through out the Town of Bourne and review them for possible reclassification due to the work performed by each job." The Town provided a response indicating that the requested records did not exist. Unsatisfied with the Town's response, Ms. Griffin petitioned this office and SPRl 9/2409 was opened as a result. 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) (written response must "identify any records, categories of records or p01iions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). 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

Barry H. Johnson SPR19/2409 Page 2 December 16, 2019 · Current Appeal In her petition, Ms. Griffin indicates the Town initially replied to her request with an extension request of two weeks. Ms. Griffin asserts that "on 11/27/19 at 9:25 am the Assistant Town Administrator Glenn Cannon, replied that 'the documents that was requested was being worked on.' Then on 10:20 am the same person replied that this document 'doesn't exist,' and he repeated this also at 10:21 am, why?" The Town must clarify whether responsive records exist and if they are applying an exemption to withhold any existing records. See G. L. c. 66, § lO(b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). Conclusion Accordingly, the Town is ordered to provide Ms. Griffin with a response in a manner consistent with this order, the Public Records Law and its Regulations within 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. Murray Supervisor of Records cc: Kimberly Griffin