Mary Dormer v. Carver, Town of - Town Clerk (SPR 20231362)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 29, 2023 SPR23/1362 Michelle Sheehan Records Access Officer Town of Carver Carver Town Hall 108 Main Street Carver, MA 02330 Dear Ms. Sheehan: I have received the petition of Mary C. Dormer appealing the response of the Town of Carver (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 31, 2023, Ms. Dormer stated, “[m]inutes for Recreation Committee and School Committee are missing from the website. I am looking for the minutes from 2017 to the present[.]” The Town responded on May 31, 2023. Unsatisfied with the Town’s response, Ms. Dormer petitioned this office and this appeal, SPR23/1362, 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

Michelle Sheehan SPR23/1362 Page 2 June 29, 2023 The Town’s May 31st Response In its May 31, 2023 response, the Town advised, “[a]ll School Committee meeting minutes are publicly available on the school website ... from 2008 to the present.” The Town further advised that “[a]ll Recreation Committee meeting minutes are publicly available on the Town website... from 2015 to the present.” The Town provided links to the website. The Town also emailed Mr. Dormer and asked if she wanted the Town “... to supply you with the minutes by email or will the minutes on the websites satisfy your request?” I encourage Ms. Dormer and the Town to communicate in order to facilitate producing records efficiently. Conclusion Accordingly, I will consider this administrative appeal closed. If issues remain after further communication, Ms. Dormer may file an appeal. Sincerely, Manza Arthur Supervisor of Records cc: Mary C. Dormer