Ghobrial, Andrew v. Brookline, Town of - Town Clerk (SPR 20260127)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 27, 2026 SPR26/0127 Ben Kaufman Records Access Officer Town of Brookline 333 Washington Street, Room 104 Brookline, MA 02445 Dear Mr. Kaufman: I have received the petition of Andrew A. Ghobrial appealing the response of the Town of Brookline (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 29, 2025, Mr. Ghobrial requested: [1] A copy of the most recent Raffle & Bazaar Permit as issued[;] [2] A copy of the most recent Auctioneer Permit as issued. The Town responded on November 13, 2025. Unsatisfied with the Town’s response, Mr. Ghobrial petitioned this office and this appeal, SPR26/0127, 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

Ben Kaufman SPR26/0127 Page 2 January 27, 2026 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 November 13th Response On November 13, 2025, the Town stated: The Town Clerk emailed the requester directly that Brookline uses the standard template for raffle and bazaar permits from the State. We do not provide issued permits in this format that can be mistaken as official documents. Current Appeal In his appeal petition, Mr. Ghobrial stated, “Mr. Kaufman’s response does not meet the burden as required under the public records law. It does not cite any exemption nor is the denial valid under the scope of the public records law.” Burden of Specificity for Withholding or Redacting Records Based on the Town’s response, it is unclear which exemption of the Public Records Law the Town is citing in order to withhold the requested records. Additionally, it is unclear from the Town’s response which specific records the Town intends to withhold. The Town must identify the records, categories of records, or portions of records it intends to withhold. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). See also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511; Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). The Town must clarify these matters. Conclusion Accordingly, the Town is ordered to provide Mr. Ghobrial 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. Ghobrial may further appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Ben Kaufman SPR26/0127 Page 3 January 27, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Andrew A. Ghobrial