Thomas Coulombe v. Ware, Town of - Town Manager (SPR 20200295)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

March 2, 2020 SPR20/0295

Stuart Beckley

Town of Ware, Town Manager 126 Main Street

Ware, MA 01082

Dear Mr. Beckley:

I have received the petition of Thomas Coulombe appealing the response of the Town of Ware (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Coulombe requested certain surveillance video.

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, § 10A(d); 950 C.MLR. 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, § 10(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, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records,

The Town’s response

In its December 6, 2019 response, the Town indicates that “the video does not exist. The video recording system for the Town, including the fire station, maintains records for

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

Stuart Beckley SPR20/0295 Page 2 March 2, 2020

approximately two weeks.” The Town did however produce two screenshot images of the area that the camera monitors.

Based on Mr, Coulombe’s petition, it is unclear what he is seeking. Mr. Coulombe must clarify these matters.

Conclusion Accordingly, in light of the above, Mr. Coulombe must clarify these matters. Sincerely,

Llecea Muar)

Rebecca 8. Murray Supervisor of Records

cc: Thomas Coulombe