Arthur G. Grenier v. Winchester, Town of - Town Clerk (SPR 20202303)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 1, 2020 SPR20/2303 MaryEllen Lannon Winchester Town Clerk 71 Vernon Street, 1st Floor Winchester, MA 01890 Dear Ms. Lannon: I have received the petition of Arthur Grenier appealing the nonresponse of the Town of Winchester (Town) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Grenier submitted a request for records relating to police training records within the possession of the Town. Claiming to not yet have received a response, Mr. Grenier 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 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. The Town’s November 30th Response Subsequent to the request for an appeal, I learned that the Town responded to Mr. Grenier’s request with a response sent on November 30, 2020. Whereas the basis of this appeal was opened as a result of the Town’s lack of a written response, I will now consider this 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

MaryEllen Lannon SPR20/2303 Page 2 December 1, 2020 administrative appeal closed. Mr. Grenier may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Arthur Grenier Daniel J. O'Connell, Lieutenant-in-Charge