Peter Chipman v. Norfolk, Town of - Town Clerk (SPR 20200488)

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

Rebecca S, Murray Supervisor of Records

March 18, 2020 SPR20/0488

Judith Lizardi

Records Access Officer Town of Norfolk

1 Liberty Lane Norfolk, MA 02056

Dear Ms. Lizardi:

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I have received the petition of Peter Chipman appealing the nonresponse of the Town of Norfolk (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on February 12, 2020, Mr. Chipman requested records “regarding financials on the Norfolk Affordable Housing Trust.”

Claiming to not yet have received a response, Mr. Chipman petitioned this office and this appeal 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, § 10A(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, § 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.

As of the date of this letter, it is my understanding that a member of the Public Records Division staff has been in contact with the Town. The Town stated a response will be provided to Mr. Chipman, but as of this date has not provided a response to his request for 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

Judith Lizardi SPR20/0488 Page 2 March 18, 2020

Order

Accordingly, the Town is ordered to provide Mr. Chipman with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations as soon as practicable, 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. Mr. Chipman may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Sincerely,

Rebteco

Rebecca S. Murray Supervisor of Records

cc: Peter Chipman