Susan T. Munford v. Kingston, Town of--Town Clerk (SPR 20191134)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 20, 2019 SPR19/1134 Thomas J Calter III Kingston Town Clerk 26 Evergreen Street Kingston, MA 02364 Dear Mr. Calter: I have received the petition of Ms. Susan Munford appealing the nomesponse of the Town of Kingston (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Munford requested "any and all documentation provided to the Kingston Reporter for their April 2019 article on legal fees for the [T]own [ of] Kingston." On May 24, 2019, the Town responded, providing Ms. Munford with documents responsive to her request. Unsatisfied with the response, Ms. Munford petitioned this office and SPR19/l 134 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, § 1 OA( 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, § 1 O(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 9

Thomas J Calter III SPR19/1134 Page 2 June 20, 2019 The Town's March 2l" Response On March 24, 2019, the Town provided Ms. Munford with documents responsive to her request, including multiple spreadsheets describing legal expenses from 2016 through 2019, a letter with quotes from various Town employees and several emails, among other things. Ms. Munford, in her appeal, contended that these records were not all of the responsive records in the possession of the Town. Specifically, Ms. Munford stated she is seeking "the actual written statements provided by [the Town employees]," and "any email communications to Kathy Gallerani, Scott Smith or any other employee of Wicked Local." Additional responsive records In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in their custody to assist the requestor in obtaining the desired information. 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). A records access officer must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § lO(b )(vii). As such, the Town must clarify whether it possesses additional records responsive to Ms. Munford's request. Conclusion Accordingly, the Town is ordered to provide Ms. Munford with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Ms. Susan Munford