Cindy L. Christiansen, PhD v. Milton, Town of - Town Clerk (SPR 20202191)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 24, 2020 SPR20/2191 Susan M. Galvin Town Clerk 525 Canton Avenue Milton MA, 02186 Dear Susan M. Galvin: I have received the petition of Cindy L. Christiansen appealing the nonresponse of the Town of Milton to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 19, 2020, Ms. Christiansen requested the “Select Board Policies’ document(s) referred to in the minutes of the Select Board’s 5/7/2019 meeting minutes.” 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 the Town has not provided Ms. Christiansen a response to her request for records. Order Accordingly, the Town is ordered to provide Ms. Christiansen with a response to the request, provided in a manner consistent with this order, the Public Records Law and its 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

Susan M. Galvin SPR20/2191 Page 2 November 24, 2020 Regulations without delay. 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: Cindy L. Christiansen