Danielle Cassesse v. Longmeadow, Town of - Town Clerk (SPR 20222489)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 16, 2022 SPR22/2489 Timothy Donnelly Town Clerk Town of Longmeadow 20 Williams Street Longmeadow, MA 01106 Dear Mr. Donnelly: I have received the petition of Danielle Cassesse appealing the response of the Town of Longmeadow (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 31, 2022, Ms. Cassesse requested a copy of the outcome of an investigation conducted by the Town involving her husband. The Town provided a response on November 1, 2022. Unsatisfied with the Town’s response, Ms. Cassesse petitioned this office, and this appeal, SPR22/2489, 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) (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). 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

Timothy Donnelly SPR22/2489 Page 2 November 16, 2022 The Department’s November 1st response In its November 1, 2022 response, the Department asserted that “…[the requester] [is] not entitled to receive a copy of the report as a former employee on privacy grounds.” The Department’s response did not contain the specificity required in a denial of access to public records. The Department must identify what records it has in its possession, custody or control that are responsive to Ms. Cassesse’s request. G. L. c. 66, § 10(b)(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 . . .”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Further, the Department has not claimed any exemption under the Public Records Law that would permit it to withhold the records from disclosure. The burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, § 10(b)(iv). It is additionally uncertain how the records can be withheld in their entirety. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). As a result, I find the Department did not satisfy its burden in responding to this records request. Conclusion Accordingly, the Department is ordered to provide Ms. Cassesse with a response to the request, 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. Ms. Cassesse may appeal the substantive nature of the Department’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Danielle Cassesse