Elizabeth Dickinson v. Wales, Town of (SPR 20211118)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 14, 2021 SPR21/1118 Pamela A. Leduc Records Access Officer Town of Wales 3 Hollow Road PO Box 834 Wales, MA 01081 Dear Ms. Leduc: I have received the petition of Elizabeth Dickinson appealing the nonresponse of the Town of Wales (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 1, 2021, Ms. Dickinson requested the following documents: “1.The RFP the ConCommission developed for peer review requests regarding the Sunpin 40 Sizer Dr. solar proposal. 2. List of all firms the proposal was sent to by email, US postal mail or any other means. 3. List of all firms that responded to the RFP. This is only a list of firms that returned bids, not the actual bids.” Having received no response, Ms. Dickinson petitioned this office and SPR21/1118 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 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

SPR21/1118 Pamela Leduc Page 2 May 14, 2021 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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, it appears no response has been provided. Accordingly, the Town is ordered to provide Ms. Dickinson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its 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. Ms. Dickinson may appeal the substantive nature of the Town’s response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Dickinson