David A. Russcol v. Natick, Town of (SPR 20210311)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 23, 2021 SPR21/0311 Kathleen Lentini Records Access Officer Town of Natick 13 E. Central Street Natick, MA 01760 Dear Ms. Lentini: I have received the petition of David A. Russcol, Esq. of Zalkind Duncan & Bernstein LLP appealing the nonresponse of the Town of Natick (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 14, 2021, Attorney Russcol requested the following records: 1. “All settlement agreements from January 1, 2000, to the present, of claims of illegal discrimination and/or sexual harassment to which the Town of Natick or the Natick Fire Department is or was a party. 2. All written complaints, court complaints, Equal Employment Opportunity Commission complaints or Massachusetts Commission Against Discrimination complaints from January 1, 2000, to the present, concerning illegal discrimination and/or sexual harassment within the Natick Fire Department. 3. All publicly available documents concerning any complaints referred to in paragraph 2, or any investigation thereof.” Claiming to not yet have received a response, Attorney Russcol petitioned this office and SPR21/0311 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). 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

Kathleen Lentini SPR21/0311 Page 2 February 23, 2021 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(d)(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). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite being notified of the opening of this appeal and a communication from a staff member of the Public Records Division, no response has been provided. Accordingly, the Town is ordered to provide Attorney Russcol with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it’s Regulations within ten 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: David A. Russcol, Esq.