Shawn D. Blankenship v. North Brookfield, Town of (SPR 20250163)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2025 SPR25/0163 Tara M. Hayes Town Clerk Town of North Brookfield 215 North Main Street North Brookfield, MA 01535 Dear Ms. Hayes: I have received the petition of Shawn D. Blankenship appealing the response of the Town of North Brookfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 5, 2025, Mr. Blankenship requested, “…copies of all the following for the date of January 5, 2025 from 12 pm to 1 pm”: [1] All call numbers to or from the [Fire] station in regards to any emergency fire or medical calls or any emergency calls; [2] Any narratives reports or documents for the same; and, [3] Any radio transmissions. On January 17, 2025, the Town provided a response. Unsatisfied with the January 17th response, Mr. Blankenship petitioned this office and this appeal, SPR25/0163, was opened. 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

Tara M. Hayes SPR25/0163 Page 2 February 3, 2025 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. Town’s January 17th response In its January 17, 2025 response, the Town states, “[t]he Fire Chief sent your public records request of January 5, 2025, and forwarded to me, January 6, 2025. In response to your public records request, you are asking for call numbers to or from the station regarding any emergency, fire or medical calls as well as any narratives, reports or documents and radio transmissions for the date of January 5, 2025 between 12 and 1pm. We will need additional time to compile, segregate, and redact these records. [The Town Clerk] will contact you within 10 business days with the records or if anything further is needed…” Current Appeal In his January 20, 2025 petition, Mr. Blankenship asserts, “[p]lease compel North Brookfield town clerk to respond to my request as she is in a prevalent pattern of misleading information and delaying to obstruct and delay my investigations.” Timeliness in providing records 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. G. L. c. 66, § 10(b)(vi). Where Mr. Blankenship submitted his request on January 5, 2025, and the Town has not provided responsive records, nor cited an exemption for withholding records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Accordingly, I find the Town must provide an estimated date as to when it expects to complete

Tara M. Hayes SPR25/0163 Page 3 February 3, 2025 its search and provide the requested 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. Blankenship with a response to his 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 the response to this office at pre@sec.state.ma.us. Mr. Blankenship may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Shawn Blankenship