David Toppin v. West Boylston, Town of - Town Clerk (SPR 20250825)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2025 SPR25/0825 Daymian R. Bartek Town Clerk Town of West Boylston 140 Worcester Street West Boylston, MA 01583 Dear Ms. Bartek: I have received the petition of David Toppin appealing the response of the Town of West Boylston (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 12, 2025, Mr. Toppin requested “...copies of the background checks you did on the previous three Town administrators inclusive of the current one.” The Town responded on March 25, 2025. Unsatisfied with the Town’s response, Mr. Toppin petitioned this office and this appeal, SPR25/0825, 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

Daymian R. Bartek SPR25/0825 Page 2 April 7, 2025 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 March 25th Response In a response to Mr. Toppin on March 25, 2025, the Town stated, “[t]he Town has reviewed your request and it will not be providing those records responsive to your request. Certain records or portions thereof are exempt from disclosure under the public records law and those records will be withheld.” The Town’s March 25, 2025 response did not contain the specificity required in a denial of access to public records. The Town withheld the records without claiming any exemption(s) in the Public Records Law that would support the withholding of the responsive records. Under the Public Records Law, the burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. As a result, I find that the Town did not satisfy its burden in responding to this records request. Consequently, the Town must identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). Conclusion Accordingly, the Town is ordered to provide Mr. Toppin with a response to the 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. Toppin 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: David Toppin