Rudy Ciollo v. Dedham, Town of - Town Clerk (SPR 20230656)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 18, 2023 SPR23/0656 Paul Munchbach Town Clerk Town of Dedham 450 Washington Street Dedham, MA 02026 Dear Mr. Munchbach: I have received the petition of Rudy Ciollo appealing the response of the Town of Dedham (Town) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On February 16, 2023, Mr. Ciollo requested “[a]ll records concerning property located at [a specific address]; specifically, records concerning permitting, boundary disputes, structures on the property (including a shed).” The Town provided responses on February 16, 2023, February 17, 2023, February 22, 2023, and March 3, 2023. Unsatisfied with the Town’s responses, Mr. Ciollo petitioned this office and this appeal, SPR23/0656, 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

Paul Munchbach SPR23/0656 Page 2 April 19, 2023 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 February and March responses On February 16, 2023, the Conservation Department and the Planning & Zoning Department stated that they had no records responsive to the request. On February 17, 2023, the Engineering Department stated that it had no records responsive to the request. On February 22, 2023, the Health Department provided records responsive to the request. On March 3, 2023, the Building Department stated that they “…would like some further clarification on your request” and asked that Mr. Ciollo contact the building commissioner. Mr. Ciollo responded on March 4, 2023, stating that “I believe that my request was adequately clear. Are there any questions you have that would allow you or the Town’s custodians to more easily identify and locate responsive records? If so, please let me know and I would be happy to answer in writing.” Mr. Ciollo did not receive a further response from the Town. Current appeal In his current appeal, Mr. Ciollo states that “[o]n February 16, 2023, I made a public records request to the Town of Dedham. I received responses from some departments but not all. Specifically, I have not received a response from the Building Department.” Provide timeframe G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.

Paul Munchbach SPR23/0656 Page 3 April 19, 2023 G. L. c. 66, § 10(b)(vi). Whereas Mr. Ciollo’s request was submitted on February 16, 2023, and the Town has not provided responsive records pertaining to the request, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the Town must provide an estimated date as to when it intends to complete the search and provide the outstanding records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. Conclusion Accordingly, the Town is ordered to provide Mr. Ciollo 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. Mr. Ciollo may appeal the substantive nature of the Town’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Rudy Ciollo