Philip Johenning v. Milton, Town of - Town Clerk (SPR 20220854)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 15, 2022 SPR22/0854 Kevin S. Freytag, Esq. Murphy, Hesse, Toomey & Lehane, LLP Crown Colony Plaza 300 Crown Colony Drive, Suite 410 Quincy, MA 02169 Dear Attorney Freytag: I have received the petition of Philip Johenning appealing the response of the Town of Milton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 8, 2022, Mr. Johenning requested “…a copy of itemized bill summaries, invoices, requests for payment documents, legal documents, insurance claims made, any correspondence related to those insurance claims and other records related to legal action involving [identified individuals] in Norfolk County Superior Court…from June 24, 2021 to the present.” Claiming to not yet have received responsive records, Mr. Johenning petitioned this office and this appeal, SPR22/0854, 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 agency or municipality 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

Kevin S. Freytag, Esq. SPR22/0854 Page 2 April 15, 2022 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. The Town’s March 22nd and April 5th Responses In its March 22, 2022 and April 5, 2022 responses, the Town indicated it intends on providing a subsequent response to Mr. Johenning’s request. Conclusion Accordingly, the Town is ordered to provide Mr. Johenning with said response in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Philip Johenning Susan M. Galvin