Christopher Falco v. Rockland, Town of (SPR 20232031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2023 SPR23/2031 Christine Campanile Assistant Town Clerk Town Clerk’s Office 242 Union Street Rockland, MA 02370 Dear Ms. Campanile: I have received the petition of Christopher Falco appealing the response of the Town of Rockland (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 5, 2023, Mr. Flacon requested the following: Any and all emailed complaints to the BOH and/or the Town of Rockland in regards to [a named individual] and the Incident at [a specified] restaurant. Any and all violations and inspection reports of [the] restaurant since the time of grand opening. The investigation report of this incident and recommendations Previous Appeal This request was the subject of a previous appeal. See SPR23/1709 Determination of the Supervisor of Records (August 8, 2023). In my August 8th determination, I found that the Town had not met its burden to withhold responsive records under Exemption (c) of the Public Records Law, and I noted that this issue had been addressed in a similar appeal. See SPR23/1504 Determination of the Supervisor of Records (July 14, 2023). Subsequently, the Town responded to Mr. Falco on August 22, 2023, again citing Exemption (c) for withholding the responsive records. Unsatisfied with the Town’s response, Mr. Falco 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 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

Christine Campanile SPR23/2031 Page 2 September 12, 2023 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. 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. The Town’s August 22nd Response In its August 22, 2023 response, the Town asserts that “the Town’s position is that the email complaint and resulting investigation report regarding [the named individual] may be withheld from disclosure pursuant to G. L. c. 4, § 7(26)(c) as they constitute personnel file information.” See G. L. c. 4, § 7(26)(c) The Town’s August 22nd response, while restating the Town’s position on this matter, contains no new arguments nor additional information that would affect the application of Exemption (c) to the responsive records. Please see the August 8th determination for analysis of Exemption (c). Order Accordingly, the Town is ordered to provide Mr. Falco with a response in a manner consistent with this and the August 8th orders, the Public Records Law, and its Regulations within ten 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: Christopher Falco