Amy Stacey v. Westhampton, Town of - Office of the Town Clerk (SPR 20210386)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 2, 2021 SPR21/0386 Mr. David Antosz Fire Chief Town of Westhampton Fire Department 48 Stage Road Westhampton, MA 01027 Dear Chief Antosz: I have received the petition of Amy Stacey appealing the response of the Town of Westhampton Fire Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Stacey requested: 1. Number of calls for each year for the past 5 years, including to date this year with break down of type of call; 2. Number of calls for each year for the past 5 years to include type of calls for each year for the past 5 years, including to date this year; 3. Number of calls each year for the past 5 years when E'ton was primary for the past 5 years, including year to date; 4. Number of calls for each year for the past 5 years when W’ton was assisted in a call for the past 5 years, including year to date; 5. Policy/contract regarding the role of the [Department] and/or City in the past [5] years to include last years’ contract; 6. Amount paid out to the [Department] or City for calls for each other past 5 years to [include] to date for 2021; 7. Number of [Department] Volunteers for each of the past 5 years, to include to date for 2021; 8. List of certified [Department] Volunteers with valid EMT or Paramedic certification, and credentials of each Department volunteer to include valid certifications; 9. Name, age, length of time at the [Department] of each of the [Department] volunteer[s]; and, 10. Operational summery budget for each of the past 5 years and spending to date for the year 2021. 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

Chief David Antosz SPR21/0386 Page 2 March 2, 2021 The Department provided certain of the records responsive to Ms. Stacey’s requests, and answers to several of her questions. In a February 15th email to the Department, Ms. Stacey asserted, “I am interested in a very specific list of current volunteers to include their names, ages, length of service and specific credentials. Additionally, [the Chief’s] break down of EMT and Fire type of services as requested was not included yet answered with a definition of what a call might contain. I’d like to know what were the calls specifically along with addresses of each call in all of 2020 and who specifically responded from W’ton.” Upon receiving Ms. Stacey’s February 15th email, the Department offered some further information pertaining to the volunteer members of the Department. However, the Department has withheld the specific information on “nature of calls” from the Department and a “roster” of the names, ages, length of service and any certificate credentials the Department volunteers hold pertaining to firefighting/fire service. In the Department’s February 15th response, Ms. Stacey was denied access to the nature of calls and if there was mutual aid, and the roster in its entirety due to privacy concerns. As a result, Ms. Stacey petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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) (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. Burden of specificity; duty to segregate The Department denied Ms. Stacey’s request for certain of the records without claiming any exemption(s) in the Public Records Law that would support the withholding of the responsive records. Under the Public Records Law, the burden shall be upon the custodian to

Chief David Antosz SPR21/0386 Page 3 March 2, 2021 prove with specificity the exemption which applies. G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Department did not meet its burden of demonstrating how the responsive records, in their entirety, are exempt from disclosure. See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). The Department must produce any non-exempt, segregable portions of the public records. G. L. c. 66, § 10(a). In addition, the Department did not identify the records, categories of records or portions of records in its possession that it intends to withhold from disclosure under an exemption in the Public Records Law. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). Conclusion Accordingly, the Department is ordered to provide Ms. Stacey with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 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. Ms. Stacey may appeal the substantive nature of the response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Amy Stacey Cheryl A. Provost, Town Clerk