Kaileigh Callender v. Nahant, Town of - Town Clerk (SPR 20201080)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 17, 2020 SPR20/1080 Diane M. Dunfee Town Clerk Town of Nahant 334 Nahant Road Nahant, MA 01908 Dear Ms. Dunfee: I have received the petition of Kaileigh Callender appealing the nonresponse of the Town of Nahant (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Ms. Callender requested several records in the Town’s possession, specifically Town documents and communications regarding property. Having received no response, she petitioned this office. 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. 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. 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

Diane M. Dunfee SPR20/1080 Page 2 July 17, 2020 Order Based on communication between a Public Records Division staff member and a Town representative, it is my understanding that the Town indicated it will be providing Ms. Callender a response to her request for records. Accordingly, the Town is ordered to provide Ms. Callender a response to her request in accordance with the Public Records Law and its Access Regulations as soon as practicable. A copy of any such response must be provided to this office. It is preferable to send an electric copy of this response to this office at pre@sec.state.ma.us. Ms. Callender may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Kaileigh Callender