Michael A. Coller v. Saugus, Town of (SPR 20192492)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 31, 2019 SPR19/2492 Christine Moreschi Town of Saugus 298 Central Street Saugus, MA O1 906 Dear Ms. Moreschi: I have received the petition of Michael A. Coller 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, Mr. Coller requested a copy ofrecords pe1iaining to the "Quarterly Town's Profit/ Loss Statement" involving the Town's Department of Public Works. As a result of the response, Mr. Coller petitioned this office and this appeal was opened. 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, § lO(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. Current appeal Subsequent to an intervention by a staff member of the Public Records Division, I learned that the Town generated a response on December 30, 2019 that confirmed that it did not have the requested 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. Under the Public 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

Christine Moreschi SPR19/2492 Page2 December 31, 2019 Law, the Town is not required to create a record 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 ofrecords at the time of the request. See G. L. c. 66, § 1O (a)(ii). Sincerely, ~~ Supervisor of Records cc: Michael A. Coller