Douglas Wigandt v. Norwood, Town of - Board of Selectmen (SPR 20201330)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2020 SPR20/1330 Christina K. Mulvehill Executive Assistant to the Board of Selectmen Norwood Town Hall 566 Washington Street Norwood, MA 02062 Dear Christina K. Mulvehill: I have received the petition of Douglas Wigandt appealing the nonresponse of the Town of Norwood (Town) to request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Douglas Wigandt submitted a request for the “recently approved employment contract for the position of Town Manager” within the possession of the Town. Claiming to not yet have received a response, Douglas Wigandt 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 theNorfolk 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

Christina K. Mulvehill SPR20/1330 Page 2 August 24, 2020 Conclusion Subsequent to the intervention by a staff member of the Public Records Division, this office was notified that a response was provided, dated August 21, 2020. Whereas this matter was opened based upon the Town’s lack of a written response, I will now consider this administrative appeal closed Mr. Douglas Wigandt 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: Mr. Douglas Wigandt