Tom Stalker v. New Marlborough, Town of - Town Clerk (SPR 20210373)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2021 SPR21/0373 Katherine Chretien Town Clerk Town of New Marlborough 807 Mill River Southfield Road Mill River, MA 01244 Dear Ms. Chretien: I have received the petition of Tom Stalker appealing the nonresponse of the Town of New Marlborough (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 7, 2021, Mr. Stalker requested the following records: • “Breakdown of the fees collected by each Town department/board in FY18, FY19, and FY20, and for each service provided on a fee basis. • Detail of all activity for FY18, FY19, and FY20, for the Town's Stabilization Account [including] all applicable bank statements (Adams Bank?) as well as from our own Town books/records.” Claiming to not yet have received a response, Mr. Stalker petitioned this office and SPR21/0373 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. 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

Katherine Chretien SPR21/0373 Page 2 February 25, 2021 Subsequently, I learned that the Town responded to Mr. Stalker’s request with a response sent on February 24, 2021. Whereas the basis of this appeal was opened as a result of the Town’s lack of a written response, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Tom Stalker