Cindy L. Christiansen, PhD v. Milton, Town of - Town Clerk (SPR 20202192)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 24, 2020 SPR20/2192 Susan M. Galvin Town Clerk Town of Milton 525 Canton Avenue Milton, MA 02186 Dear Ms. Galvin: I have received the petition of Cindy Christiansen appealing the response of the Town of Milton (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Christiansen requested “all records, including notes used to create the maps showing the flight path in these documents: 1. Milton MCAC representative’s 2/12/2020 presentation during the Select Board meeting, 2. the file posted by the Town here: https://www.townofmilton.org/sites/g/files/vhyflif911/f/uploads/dispersion_graphics.pdf.” The Town responded on September 8, 2020, providing responsive records, and indicating that additional records are available on the Town website. Unsatisfied with the Town’s response, Ms. Christiansen petitioned this office and this appeal, SPR20/2192, 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) (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 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 Galvin SPR20/2192 Page 2 November 24, 2020 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 her October 18, 2020 appeal petition, Ms. Christiansen asserts that she “received manipulated records in [the Town’s] 9/8/2020 response.” Ms. Christiansen states that “a complete paragraph was removed from the email record on page 8 of the attached ‘combined’ documents related to this request” and “[t]he file ‘dispersion graphics’ that is referenced in the response from Murphy Hesse Toomey & Lehane is not the document that was posted on the town site on 8/24/2020, the date my request was made.” In a November 24, 2020 conversation with a staff attorney of the Public Records Division, an attorney representing the Town indicated that the Town intended to provide a supplemental response with additional information regarding its September 8th response to the request. Conclusion Accordingly, whereas the Town has indicated that it intends to provide a supplemental response regarding Ms. Christiansen’s request, I will consider this administrative appeal closed. A copy of the Town’s 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. The requestor 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: Cindy Christiansen Kevin Freytag, Esq., Murphy Hesse Toomey & Lehane