Stan Robinson v. Wayland Town Administrator (SPR 20200970)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 2, 2020 SPR20/0970 Elizabeth Doucette Assistant Town Administrator Town of Wayland 41 Cochituate Road Wayland, MA 01778 Dear Ms. Doucette: I have received the petition of Stan Robinson appealing the response of the Town of Wayland (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Robinson requested 5 identified proposals received by the Town in response to RFP 20-2030. Prior Appeal The requested records have been the subject of previous appeals. See SPR20/0716 Determination of the Supervisor of Records (June 9, 2020); SPR20/0716 Determination of the Supervisor of Records (May 15, 2020); SPR20/0368 Determination of the Supervisor of Records (March 11, 2020); SPR20/0157 Determination of the Supervisor of Records (February 11, 2020). In my June 9th determination, I found that it was unclear whether the “time for acceptance” specified in the request for proposals had passed, and ordered the Town to provide a new response to Mr. Robinson. The Town provided Mr. Robinson with a response on June 17, 2020 indicating that it had completed its negotiations, and intended to provide Mr. Robinson with the records he requested. Unsatisfied with this response, Mr. Robinson petitioned this office and this appeal, SPR20/0970, 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 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

Elizabeth Doucette SPR20/0970 Page 2 July 2, 2020 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) (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). Current Appeal In his appeal petition, Mr. Robinson indicates that the Town has not produced the responsive proposals. Subsequent to the opening of this appeal, a staff member of the Public Records Division contacted a representative from the Town, who reaffirmed that the Town intends to provide Mr. Robinson with the records he requested. Conclusion Accordingly, the Town is ordered to provide Mr. Robinson with responsive records in a manner consistent with this and previous orders, 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stan Robinson