Michael Saccone v. Hanover, Town of - Town Clerk (SPR 20202438)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 21, 2020 SPR20/2438 Lincoln Heineman Town Clerk 550 Hanover Street Hanover, MA 02339 Dear Lincoln Heineman: I have received the petition of Michael Saccone appealing the nonresponse of the Town of Hanover (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 6, 2020, Mr. Saccone requested two categories of records concerning the Town and its staff. 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. As of the date of this letter, it is my understanding that the Town has not provided Mr. Saccone a response to his request for records. Order Accordingly, the Town is ordered to provide Mr. Saccone with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations 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

Lincoln Heineman SPR20/2438 Page 2 December 21, 2020 within 10 business days. 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: Michael Saccone