Gerard F. Mackin, Jr. v. Weymouth, Town of - Town Clerk (SPR 20222712)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 8, 2022 SPR22/2712 Kathleen A. 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. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 22, 2022, Mr. Mackin requested records regarding liquor licenses at a particular address. Prior appeal The requested records were the subject of a prior appeal. See SPR22/2687 Determination of the Supervisor of Records (November 23, 2022). I closed SPR22/2687 after the Town provided a response on November 22, 2022. Unsatisfied with the response, Mr. Mackin petitioned this office and this appeal, SPR22/2712, 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 A. Deree SPR22/2712 Page 2 December 8, 2022 The Town’s November 22nd response In its November 22, 2022 response, the Town stated, “[n]o response is needed from the Town, as they did not receive these public record requests. As stated numerous times before to Mr. Mackin, all public record requests must be submitted to the Town RAO through either the Town’s online platform, NextRequest or by emailing the request to the Town Clerk email address, (TownClerk@,weymouth.ma.us). If requests are made through any other email address, they are not responded to. Further answering, these ‘requests’ were generated from statements made by Mr. Mackin in bad faith and were further inquiring into a matter that may be headed toward litigation. The issue raised about the Licensing Board regarding a specific ‘Farmer Brewer License’ is not something the Town is required to answer.” The Town’s November 22nd response did not contain the specificity required in a denial of access to public records. Based on the Town’s response, it is unclear if the Town possesses records responsive to the request. 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). To the extent that the requested records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). 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 (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, Manza Arthur Supervisor of Records cc: Gerard Mackin