Bobbie L. Hubbard v. Ashburnham, Town of - (SPR 20191479)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pen•isor ofR ecords August 7, 2019 SPR19/1479 Michelle Johnson Town of Ashburnham 32 Main Street Ashburnham, MA 01430 Dear Ms. Johnson: I have received the petition of Bobbie L. Hubbard appealing the response of the Town of Ashburnham (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Hubbard requested "Ashburnham's Comprehensive Annual Finance Report for the following years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018." 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). Current Appeal In a response, the Town writes, "in response to your request, if you go on www.Ashburnham-ma.gov, our town website. Go to community info box then Resources and References and then documents. We have our audits posted up to 2016. 2017 has not been approved yet and we are currently working on 2018 and then 2019." In a subsequent response Ms. Hubbard states, "[bJ ecause I hadn't seen anything for audits since 2014 until this morning, and because we do not have reports for 2017 to current, my request is for Financial Statements no audits. I asked for 2015 to current, but since the audits are posted for up to 2016, I would like the financial statements for fiscal year 2017 to current (my attachment to this email thread is requesting 2015 to current). I can rewrite my request formally if you'd like." One Ashbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Michelle Johnson SPR19/1479 Page 2 August 7, 2019 The Town then explains, "[w ]e do not have financial statements other than our audits. The 2017 to current audits are being worked on and have not been approved yet." Unsatisfied with this response, Ms. Hubbard petitioned this office and as a result SPRl 9/14 79 was opened. In her appeal dated July 24, 2019, Ms. Hubbard writes, "I have requested financial statements from my local town RAO. I have been told that the audits, which are two years behind, are the only financial statements they have. I don't understand how audits are being conducted if there are no financial statements." Conclusion Please be advised, 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 states, "they do not have financial statements other than audits" it is unclear if the Town poss·esses any other records responsive to Ms. Hubbard's request. Accordingly, the Town is ordered to provide a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~~ Supervisor of Records cc: Bobbie L. Hubbard