Johnelle Ciano v. Dartmouth, Town of - Office of the Town Clerk (SPR 20210364)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 1, 2021 SPR21/0364 Sarah C. Arruda Town Clerk Town of Dartmouth 400 Slocum Road Dartmouth, MA 02747 Dear Ms. Arruda: I have received the petition of Johnelle Ciano appealing the response of the Town of Dartmouth (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 20, 2020, Ms. Ciano requested, “…a list of mailing addresses for all the dogs who are licensed in the town of Dartmouth...” The Town responded on December 1, 2020, denying the responsive records pursuant to Exemption (c) of the Public Records Law. G. L. c. 4, § 7(26)(c). Unsatisfied with the Town’s response, Ms. Ciano petitioned this office and this appeal SPR21/0364 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. Current Appeal In its December 1, 2020, response, the Town states “…it has been determined that 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

Sarah C. Arruda SPR21/0364 Page 2 March 1, 2021 information falls under exemption C of the Public Records Law.” In a response sent to this Office on February 12, 2021, the Town states “[w]hen dogs are registered with the town it is to satisfy state law and for health and safety. The information is not provided with the purpose of being given to a business for solicitation. Based on my research, I do not believe that information is a public record; regardless of what other towns are doing.” In her November 20, 2021, request, Ms. Ciano states “[w]e just opened up our new location for Emma Marie's Grooming & Dog Daycare…[w]e were wondering if it's possible to receive a list of mailing addresses for all the dogs who are licensed in the town of Dartmouth so we can mail them information about us, along with some coupons.” Requests solely for a commercial purpose The Supervisor of Records may deny an appeal for, among other reasons, if, in the opinion of the Supervisor: the public records request is made solely for a commercial purpose. 950 C.M.R. 32.08(2)(b)(3). Please be aware, “commercial purpose” is defined as: The sale or resale of any portion of the public record or the use of information from the public record to advance the requester's strategic business interests in a manner that the requester can reasonably expect to make a profit including in addition to the foregoing, obtaining names and addresses from the public record for the purpose of solicitation. 950 C.M.R 32.02. Where the request is being made to obtain mailing addresses for the purpose of solicitation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b); 950 C.M.R 32.02. Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Ciano is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Johnelle Ciano