Alex Belote v. Wayland, Town of (SPR 20211119)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 5, 2021 SPR21/1119 Louise Miller, Town Administrator Town of Wayland 41 Cochituate Road Wayland, MA 01778 Dear Ms. Miller: I have received the petition of Alex Belote appealing the nonresponse of the Town of Wayland (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Belote requested all records pertaining to an identified occurrence. Claiming to not yet have received a response, Mr. Belote petitioned this office and this appeal 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. 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. 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

Louise Miller SPR21/1119 Page 2 May 4, 2021 Conclusion Subsequently, I learned that the Town responded to Mr. Belote’s request with a response dated April 29, 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. Mr. Belote petitioned this office appealing the substantive nature of the Town’s response. See 950 C.M.R. 32.08(1). The substantive nature of the response will be reviewed in SPR21/1134. Sincerely, Rebecca S. Murray Supervisor of Records cc: Alex Belote