Chris M. Grant v. Uxbridge, Town of - Town Clerk (SPR 20200121)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 3, 2020 SPR20/0121 Kelly Cote Town Clerk Town of Uxbridge 21 South Main Street Uxbridge, MA 01569 Dear Ms. Cote: I have received the petition of Chris Grant appealing the response of the Town of Uxbridge (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Grant requested " .. .the former employees exit interviews performed in 2018 and/or 2019 along with any reports related to them." Previous appeals This request was the subject of a previous appeals. SPR19/1237 Determination of the Supervisor of Records (July 1, 2019); SPRl 9/2361 Determination of the Supervisor of Records. (December 31, 2019). The Town provided an unredacted copy of the Exit Interview Summary as a result of a request from the Supervisor for an in camera review and I thank the Town for providing these records and for its cooperation. On January 16, 2020, the Town provided a subsequent response. Mr. Grant petitioned this office and this appeal SPR20/0121 was opened as a result. 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, § 1 O(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 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

Kelly Cote SPR20/0121 Page 2 February 3, 2020 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 In his January 20th appeal to this office Mr. Grant states, "I would like to appeal the town's choice not to honor the continued rulings of the state ... " It is unclear the nature of Mr. Grant's appeal. Pursuant to 950 C.M.R 32.08(1)(£), the appeal petition must describe the nature of the requestor's objections to the response. Mr. Grant may clarify his issues with the response if he would like to proceed with a new appeal. Sincerely, ~u~ Supervisor of Records cc: Chris M. Grant