Richard J. Lawton v. West Bridgewater, Town of - Office of the Town Clerk (SPR 20230201)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2023 SPR23/0201 Anne G. Iannitelli Town Clerk Town of West Bridgewater 65 North Main Street West Bridgewater, MA 02379 Dear Ms. Iannitelli: I have received the petition of Attorney Richard J. Lawton appealing the response of the Town of West Bridgewater (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 29, 2022, Attorney Lawton requested the following: Legal opinions rendered by either Town Counsel or outside legal counsel relative to the matter of Meadow Wood LLC and its proposed Subdivision Plan, written or electronically generated and provided to the West Bridgewater Planning Board Chairman or any of its members. Previous Appeal This request was the subject of a previous appeal. See SPR23/0095 Determination of the Supervisor of Records (February 1, 2023). In my February 1st determination, I closed SPR23/0095 in light of the Town providing Attorney Lawton with a written response on January 20, 2023. Unsatisfied with the Town’s response, Attorney Lawton further appealed, and this case 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). 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

Anne G. Iannitelli SPR23/0201 Page 2 February 7, 2023 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. Att’y 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. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that the civil litigation, concerning the same subdivision plan which is the subject of the records at issue in this request, is still active and ongoing in the Plymouth Superior Court. See Meadow Wood, LLC v. Town of West Bridgewater (Superior Court Docket No. 2283CV00882). In light of the pending matter, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will consider this administrative appeal closed. If Attorney Lawton is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Richard J. Lawton, Esq. George P. Field, Esq.