Paul McLaughlin v. Adams, Town of - Town Clerk (SPR 20201334)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2020 SPR20/1334 Haley Meczywor Town Clerk Town of Adams 8 Park Street Adams, MA 01220 Dear Ms. Meczywor: I have received the petition of Catherine Foster appealing the response of the Town of Adams (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 7, 2020, Ms. Foster requested: “1. All written materials in any format written by or to any town administrator or employee where my name or address was identified or discussed from October, 2019 through the present time. [including] communications to/from but are not limited to [six identified individuals] 2. All documents maintained by the Building and Health Departments relating to [a specific address], including notices about the fire escapes sent to the prior owner in 2004.” Previous appeal This request was the subject of a previous appeal. See SPR20/0865 Determination of the Supervisor of Records (June 11, 2020). In my June 11th determination, I requested that the Town clarify what records it has in its possession, custody or control that are responsive to Ms. Foster’s request. By email dated August 9, 2020, Ms. Foster appealed and SPR20/1334 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). 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

Haley Meczywor SPR20/1334 Page 2 August 24, 2020 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). Basis of Appeal In her August 9th emailed appeal, Ms. Foster referenced two previous appeals, SPR20/0865 and SPR20/1087, claiming a nonresponse from the Town. However, the email appears to be related entirely to Appeal SPR20/1087. Conclusion Upon review of the file, it does not appear from her appeal petition that Ms. Foster is appealing SPR20/0865. Consequently, it is unclear what the basis of Ms. Foster’s appeal is. Ms. Foster is reminded that all petitions for appeal "shall specifically describe the nature of the requestor's objections to the response or failure to timely respond." 950 C.M.R. 32.08(1)(f). Please be aware that the request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i). Ms. Foster may wish to clarify this matter and her objections to the Town’s response. Ms. Foster is also reminded that an appeal to this office must be filed within ninety calendar days of the date of the request letter, or within ninety calendar days of the date of a written response from the record custodian. See 950 C.M.R. 32.08(1)(d); 950 C.M.R. 32.08(1)(e). Sincerely, Rebecca S. Murray Supervisor of Records cc: Catherine Foster