Todd Wallack v. Warren, Town of - Town Clerk (SPR 20210212)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 4, 2021 SPR21/0212 Nancy J. Lowell Town Clerk 48 High St. P.O. Box 609 Warren, MA 01083 Dear Nancy Lowell: I have received the petition of Todd Wallack of the Boston Globe appealing the nonresponse of the Town of Warren (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 29, 2020, Mr. Wallack requested “[a]n electronic copy of the municipality’s public list of registered voters, also known as the voter file.” 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, § l0A(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); -se-e -al-so- -D-is-t. -A-tto-rn-e-y -fo-r -th-e 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 the Town provided Mr. Wallack with records responsive to his request. In a letter to this office dated February 4, 2021 Mr. Wallack writes, “I received the records I requested from Warren yesterday. Thank you for your assistance.” In light of Mr. Wallack’s February 4th letter, I will now consider this administrative appeal closed. Mr. Wallack may appeal the substantive nature of the Town’s response within 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

SPR21/0212 Nancy J. Lowell Page 2 February 4, 2021 ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Todd Wallack