Melissa Brown v. Plainfield, Town of - Town Clerk (SPR 20242840)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 28, 2024 SPR24/2840 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.” Previous Appeal This request was the subject of a previous appeal. See SPR24/2595 Determination of the Supervisor of Records (September 26, 2024). In my September 26th determination, I found that the Town had not met its burden of specificity to withhold responsive records, and ordered that Ms. Brown be provided with a supplemental response. The Town provided a response on October 9, 2024. Unsatisfied with the response, Ms. Brown petitioned this office and this appeal, SPR24/2840, 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 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 SPR24/2840 Page 2 October 28, 2024 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. 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 October 9th Response In its October 9, 2024 response, the Town informed Ms. Brown that it had identified records responsive to her request: an investigative report, a complaint, and certain executive session materials. The Town then explained that it would be “… withholding the requested records in their entirety, pursuant to Exemptions (a) and (d) of the Public Records Law as the records at issue relate directly to ongoing litigation involving the Town in a pending [Massachusetts Commission Against Discrimination] case … MCAD NO: 22-SEM-01921.” Active Administrative Proceeding 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. In light of the pending matter before the Massachusetts Commission Against Discrimination, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). I further decline to opine on the applicability of Exemption (a) and Exemption (d) to the requested records. 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). Sincerely, Manza Arthur Supervisor of Records cc: Melissa Brown