Gerard F. Mackin, Jr. v. Weymouth, Town of - Town Clerk (SPR 20221896)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 30, 2022 SPR22/1896 Kathleen Deree Town Clerk Town of Weymouth 75 Middle Street Weymouth, MA 02189 Dear Ms. Deree, I have received the petition of Gerard Mackin appealing the response of the Town of Weymouth (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 29, 2022, Mr. Mackin requested all communications regarding the development of 450 Green Street. Previous appeal This request was the subject of a previous appeal. See SPR22/1876 Determination of the Supervisor of Records (August 16, 2022). The Town responded on August 15, 2022. Unsatisfied with the response, Mr. Mackin petitioned this office and this appeal, SPR22/1896 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

Kathleen Deree SPR22/1896 Page 2 August 30, 2022 The Town’s August 15th response In its August 15, 2022 response, the Town stated, “…there are no documents responsive to Request #22-903 in relation to the development of the site of 450 Green Street, Weymouth, MA.” Current appeal In his appeal, Mt. Mackin states, “… the response is only from the building dept and not the Town Council or all other relevant departments such as planning and licenses.” Based on the Town’s response, it is unclear if the Town possesses any records responsive to the request from Town council or other departments within the Town. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Consequently, the Town must clarify whether responsive records exist. Conclusion Accordingly, the Town is ordered to provide Mr. Mackin 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. Sincerely, Manza Arthur Supervisor of Records cc: Gerard Mackin Marsha Geronaitis