Brian Keaney v. Dedham, Town of - Town Clerk (SPR 20210076)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 28, 2021 SPR21/0076 Paul Munchbach Town of Dedham, Town Clerk 26 Bryant Street P.O. Box 306 Dedham, MA 02026 Dear Mr. Munchbach: I have received the petition of Brian Keaney appealing the nonresponse of the Town of Dedham (Town) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Keaney submitted a request for several Selectmen meeting minutes within possession of the Town. Claiming to not yet have received a response, Mr. Keaney 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. Conclusion Subsequently, I learned that a representative from the Town intends on providing a written response to Mr. Keaney. Accordingly, the Town is ordered to provide Mr. Keaney with a response made in accordance with the Public Records Law, its Access Regulations and this order 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

Paul Munchbach SPR21/0076 Page 2 January 28, 2021 within 10 business days. It is preferable to send an electronic copy of the response to this to this office at pre@sec.state.ma.us. Mr. Keaney may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~ ~- ·er ./J .A ~ ~ ~ - ~ . . Rebecca S. Murray Supervisor of Records cc: Brian Keaney