Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20202272)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 7, 2020 SPR20/2272 Susan G. Hazen Town Clerk and Records Access Officer Town of Rowley 141 Main Street Rowley, MA 01969 Dear Ms. Hazen: I have received the petition of Timothy Toomey appealing the response of the Town of Rowley (Town) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 30, 2020 Mr. Toomey requested the following records: “any and all information relating to records from Town of Rowley Building Department or Rowley Selectmen’s or planning Office on any permit applications or Special Permit requests since July 1, 2020.” The Town responded on November 9, 2020 and indicated that it had only a single record responsive to Mr. Toomey’s request. Unsatisfied with this response Mr. Toomey petitioned this office and this appeal, SPR20/2272, 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); see also 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 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). 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

Timothy Toomey SPR20/2272 Page 2 December 7, 2020 Conclusion Upon review of the file, in its November 9th response, the Town provided the records requested. Accordingly, it is unclear what the basis of Mr. Toomey’s appeal is. Mr. Toomey 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). Mr. Toomey may wish to clarify this matter and his objections to the Town’s response. Mr. Toomey 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: Timothy Toomey