Cathleen A. Godzik, M.D. v. Webster, Town of - Town Administrator (SPR 20170241)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 9, 2017 SPR17/241 Doug Willardson Town Administrator Town of Webster 350 Main Street Webster, MA 01570 Dear Mr. Willardson: I have received the petition of Cathleen Godzik and Gail Arsenault appealing the response of Town of Webster (Town) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms: Godzik and Ms. Arsenault requested seven (7) categories ofrecords. After Ms. Godzik reviewed records from the Town, she sent a February 12th email to your attention, seeking the records that still have not been provided. When the Town did not respond to her February lih email, Ms. Godzik appealed to this office for further assistance. Please note, Ms. Godzik and Ms. Arsenault have attempted to obtain all of the requested records for the past six months. See SPR16/628, SPR16/1253, SPRl 7/136 Supervisor of Records Determinations (August 26, 2016, December 30, 2016 and February 3, 2017). Under the Public Records Law, the Town is not required to create a record, answer questions or conduct research in response to a public records request. See G. L. c. 66, § 6A( d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Although the Town provided Ms. Godzik with some of the records, it is unclear if the Town possesses any other records responsive to the requests. To assist the Town in responding to the outstanding requests, a Public Records Division attorney contacted you via email and provided you a copy of the appeal file. You indicated that the Town will respond regarding the outstanding records requested. In her February lih email, Ms. Godzik lists the items that she has not received from the Town. Specifically: 1. The land surveyor license credentials and survey document used to charge the initial determination of approval, 2. Validation ofreferenced land ownership by the Commonwealth of Massachusetts, 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

Doug Willardson SPRl 7/241 Page2 March 9, 2017 3. Formal posting ofland boundaries as State Property on the entire length of Loveland Road from the beginning to end, 4. A complete record of all taxes paid on 33 Loveland Road from the time of Godzik purchase in 1952 to the current date (July 5, 2016 - date of request), 5. The handwritten notes of Frank J. Godzik which are in the Assessor's file in the Town for 33 Loveland Road, 6. A complete disclosure of the Assessor's folder on 33 Loveland Road, and 7. A written rationale from the Town for their determination to rescind WP A Form 2-Determination of Applicability 2/29/16 and Order Letter 6/30/16 with the appropriate General Laws of the Commonwealth of Massachusetts that substantiate the Town's actions. 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, § lOA(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 town 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, § 1O (b ), 950 C.M.R. 32.06(3); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507,511 (1995) (custodian has the burden of establishing the applicability of an exemption). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Conclusion Accordingly, whereas the Town indicated it will provide another response relating to the outstanding requests, I will consider this appeal closed with the proviso the Town provides Ms. Godzik with a written response to the requests, prepared in a manner consistent with this order, the Public Records Law, 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 this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Cathleen A. Godzik