Eugene Decareau v. Saugus, Town of (SPR 20180467)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 23, 2018 SPR18/467 Scott Crabtree, Esq. Town Manager Town of Saugus - Town Hall Saugus, MA O1 906 Dear Attorney Crabtree: -------~I~h=a~v~e~re~c~e~iv~e~d'---t=h=--e1 2etition of Eugene Decareau appealing the response of the Town of Saugus (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on March 5, 2018, Mr. Decareau requested "copies of any and all public records that pertain to and including the final agreement between the Town of Saugus, acting through its Board of Selectmen, and SCTV ..." The Town provided a response on March 19, 2018, which included responsive records. Unsatisfied with the Town's response, Mr. Decareau petitioned this office and this appeal, SPRl 8/467, 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, § 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 )(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. 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. 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

Scott Crabtree, Esq. SPR18/467 Page 2 April 23, 2018 The Town is advised that under the Public Records Law, a municipal records access officer must provide a written response to the requester within ten business days ofreceipt of the request. G. L. c. 66, § 1O (b ). The Town's March 19th response In its March 19, 2018 response, the Town indicated that it included "a copy of the docket sheet ... , a copy of the Agreement for Judgment entered in the action, by agreement of the parties, as well as Motion to Vacate Judgment, as endorsed by the Court ..." The Town indicated that only these records were responsive to Mr. Decareau' s request. The Town responded to other claims in Mr. Decareau's appeal. In its response, the Town clarified that the Court's decision to schedule a trial date prompted the parties to begin settlement discussions which led to a final resolution of the matter. The Town further clarified that the Court did not find that the defendants, either individually or collectively, had been in contempt of court. As such, "no fines were levied against any individual or group." No duty to create records Under the Public Records Law, the Town is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Whereas the Town has provided records that are responsive to Mr. Decareau's request and confirms there are no additional responsive records, I find that Mr. Decareau's appeal related to the above request has been resolved. Conclusion Accordingly, whereas Mr. Decareau has received a response from the Town, which included responsive records, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray~ Supervisor of Records cc: Eugene Decareau