Decision SPR15/0262

Town of Winthrop · from StateReference · 2 pages · 70 KB
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The Commonwealth of Massachusetts 
William Francis Galvin, Secretary of the Commonwealth 
Public Records Division 
Shawn A. Williams 
Supervisor of &cords 
Ms. Stacy DiChiara
Human Resource Manager
Town of Winthrop Town Hall 
One Metcalf Square 
Winthrop, Ma 02152
Dear Ms. Dichiara:
May 14,2015 
SPRlS/262 
I have received the petition of Ms. Carla Vitale appealing the response of the Town of
Winthrop (Town) to her request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R.
32.08(2). Specifically Ms. Vitalle requested copies of Personnel Action Forms regarding 11
Town employees. In a response dated April18, 2015 the Town denied providing the responsive
records citing Exemption (c), the privacy exemption of the Public records Law. The Town
provided no additional information to support its exemption claim.
The Public Records Law strongly favors disclosure by creating a presumption that all
governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(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 town of the
Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Public records
and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon
request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281,
289-90 (1979) (the statutory exemptions are not blanket in nature).
The Public Records Law states that "the burden shall be upon the custodian to prove with
specificity the exemption which applies." G. L. c. 66, § 10(c) (emphasis added). See also Globe
Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); District Attorney for theN orfolk
Dist. v. Flatley, 419 Mass. 507, 511 (1995). The response by the Town did not contain the
specificity required in a denial of access to public records. To comply with the Public Records
Law and its Regulations a records custodian must provide specificity with respect to any denial
of access to public records. This requires a records custodian to not only cite an exemption, but
to specifically explain the applicability of the exemption to the requested records. 
OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914
www.sec.state.ma. us/pre 
Ms. Stacy DiChiara 
Page Two
May 14,2015 
SPR15/262 
I find the Town has failed to meet its burden of specificity in denying access to public
records. Accordingly, the Town is hereby ordered to provide all responsive records to Ms. Vitale
in a manner consistent with this order, the Public Records Law and its Regulations. Ifthe Town
maintains that any portion of the responsive records are exempt from disclosure it must, within
ten (1 0) days provide to Ms. Vitale a written explanation, with specificity, how a particular
exemption applies to each record.
This administrative appeal is now closed.
Supervisor of Records
cc: Ms. Carla Vitale