Cathleen A. Godzik, M.D. v. Webster, Town of - Town Administrator (SPR 20170397)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 7, 2017 SPR17/397 Doug Willardson Town Administrator Town of Webster 350 Main Street Webster, MA 01570 Dear Mr. Willardson: I have received the petition of Cathleen A. Godzik and Gail M. Arsenault appealing the non-response of the 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, on January 24, 2017, Ms. Godzik and Ms. Arsenault requested seven (7) categories of records, which had not been provided to them since their original July 5, 2016 public records request. Ms. Godzik and Ms. Arsenault petitioned this office. Despite our letter to you dated January 30, 2017, the February 3, 2017 administrative order, communications from Public Records Division attorneys, the Town has failed to provide the outstanding records to Ms. Godzik and Ms. Arsenault. See SPR16/1253 and SPRl 7/136 Supervisor of Records Determinations (December 30, 2016, February 3, 2017). The Town was provided with copies of the appeal files by a Public Records Division attorney. Ms. Godzik emailed you on February lih to again request the records that she has yet to receive. In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. The Records Access Officer is required to provide a written response to a records request within ten (10) business days, and if not providing records, must inform the requester in writing. See G. L. c. 66, §§ lO(a), (b); see also 950 CMR 32.06(2)(a) and (3)(a). Status of the Requester and Reason for the Request Ms. Godzik and Ms. Arsenault have indicated that the responsive records are needed in contesting a decision by the Town concerning their real property in the Town. It is important for Ms. Godzik and Ms. Arsenault to understand that their status or interests in the underlying matter which led to the public records request does not afford them any greater right of access to the requested information under the Public Records Law. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law 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 SPR17/397 Page 2 April 7, 2017 rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Godzik's and Ms. Arsenault's status will play no role in a determination regarding the Public Records Law. 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, § IOA( 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 )(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). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. An RAO may not charge a fee unless the RAO responded to the requester within ten (10) business days. G. L. c. 66, § IO(e); 950 C.M.R. 32.06(2)(C ). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Order Accordingly, I find the Town has not met its burden of responding to a request for public records. The Town is hereby ordered to provide Ms. Godzik 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 this response to this office at pre@sec.state.ma.us. Failure to comply with this order may result in a referral of this matter to the Office of the Attorney General for further action. G. L. c. 66, § 1O A(b ).

Doug Willardson SPRI 7/397 Page 3 April 7, 2017 Sincerely, ~~~ Rebecca S. Murray Supervisor of Records cc: Cathleen A. Godzik, M.D.