Melissa Brown v. Plainfield, Town of - Town Clerk (SPR 20242595)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 26, 2024 SPR24/2595 Ruth Osgood Town Clerk Town of Plainfield 304 Main Street Plainfield, MA 01070 Dear Ms. Osgood: I have received the petition of Melissa Brown appealing the response of the Town of Plainfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 31, 2023, Ms. Brown requested “… all documents as related to [her] complaint to the Selectboard.” Prior Appeal This request was the subject of a previous appeal. See SPR23/3112 Determination of the Supervisor of Records (January 9, 2024). In my January 9th determination, I ordered the Town to provide Ms. Brown with a response to her request. The Town responded on September 13, 2024. Unsatisfied with this response, Ms. Brown petitioned this office, and this appeal, SPR24/2595, 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 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

Ruth Osgood SPR24/2595 Page 2 September 26, 2024 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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 September 13th Response In its September 13, 2024 response, a representative of the Town explained, “… [t]here were 2 executive sessions of the selectboard … the minutes of both executive sessions have not been released pending a hearing …” Ms. Brown was also provided with a redacted copy of an independent investigative report. Current Appeal In her September 16, 2024 appeal petition, Ms. Brown alleged that the redacted report concerned an unrelated investigation, and as such was not responsive to her request. Ms. Brown further alleged that responsive records must exist, because she and another identified individual were interviewed by the Town following her complaint to the select board. In September 23, 2024 and September 25, 2024 telephone conversations between the Town and a member of the Public Records Division, the Town confirmed that records responsive to Ms. Brown’s request existed, and that they were being withheld until a hearing on Ms. Brown’s complaint could be held. Burden of Specificity The Town’s response did not contain the specificity required in a denial of access to public records. See G. L. c. 66, § 10(b)(iv) (“the burden shall be upon the custodian to prove with specificity the exemption which applies”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. As a result, I find the Town did not satisfy its burden in responding to this records request. The Town is advised that a records custodian is required to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records in order to comply with the Public Records Law and its Regulations. Further, in light of the claim made in Ms. Brown’s appeal, I find the Town must clarify if it possesses additional records, aside from the meeting minutes, that may be responsive to the request. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). The Town must clarify these matters.

Ruth Osgood SPR24/2595 Page 3 September 26, 2024 Conclusion Accordingly, the Town is ordered to provide Ms. Brown with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Melissa Brown