Robert Bland v. Rockport, Town of (SPR 20211957)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 13, 2021 SPR21/1957 Patricia Brown, CMMC Town Clerk 34 Broadway Rockport Town Hall Rockport, MA 01966 Dear Ms. Brown: I have received the petition of Robert Bland appealing the response of the Town of Rockport (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 30, 2021, Mr. Bland requested the following records: 1. Any statute of the General Laws of Massachusetts, case law or judicial precedent which the town (or any of its committees) relies upon in asserting that any of the private ways shown on the plans . . . has become public by other than the three methods cited . . ., including: a. Such statute, case law or judicial precedent whereby a private way can become public by recording a plan that alters that private way for the benefit of the public. b. Such statute, case law or judicial precedent whereby a private way can become public by using a deed to impose an easement for the benefit of the public within the boundaries of a private way shown on a recorded plan. 2. On November 9, 2020 during her visit to Sacramento Avenue with Conservation Agent . . ., when [a named individual] attempted to engage the group [a named individual] shouted “it’s in the deed, we know the law”. Please provide a copy of the law to which [the named individual] acting as a member of the Rights of Way Committee in the name of the town, was referring to on that occasion. 3. Any and all records that any of the private ways shown on the plans . . . has become public according to G.L. c. 84, § 23. Previous appeal This request was the subject of a previous appeal. See SPR21/1421 Determination of the Supervisor of Records (June 17, 2021), The Town provided Mr. Bland with a response on June 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

Patricia Brown, CMMC SPR21/1957 Page 2 August 13, 2021 25, 2021, indicating, “… this has already been answered and a response was sent, #2 the answer is in your deed and your abutters and available at the Essex County Registry of Deeds Southern District and for #3 there are no responsive documents from the Town on this matter.” Unsatisfied with the Town’s response, Mr. Bland petitioned this office and this appeal, SPR21/1957, 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 School 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(d)(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). Current appeal In Mr. Bland’s appeal, he asserts, “[i]f the Town believes any of these requested records have been requested previously and that replies have been made, and that there exist any deed that contains references to applicable laws, it should simply send any responsive records it claims to have already provided, and copies of any such deed or its Registry reference (book & page) that contains ‘the law’ that Ms. Lawton refers to. Otherwise, it should either provide the records in #1 and #2 or, as they have with #3, simply indicate there are no responsive records for these requests.” Conclusion Upon review of the file, the Town has responded to Mr. Bland and it is thus unclear what the basis of Mr. Bland’s appeal is. Mr. Bland is reminded that all petitions for appeal “shall specifically describe the nature of the requestor's objections to the response or failure to timely respond.” 950 C.M.R. 32.08(1)(f). Please be aware that the request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i). Mr. Bland may wish to clarify this matter and his objections to the Town’s response.

Patricia Brown, CMMC SPR21/1957 Page 3 August 13, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert Bland