Susan T. Munford v. Kingston, Town of - Town Administrator (SPR 20200654)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 27, 2020 SPR20/0654 Gloria Mitchell Assistant to Town Administrator Town of Kingston 26 Evergreen Street Kingston, MA 02364 Dear Ms. Mitchell: I have received the petition of Susan Munford appealing the nonresponse of the Town of Kingston (Town) to her request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Munford requested a police report and surveillance video for an identified incident. The Town provided an initial response asking for clarification in regards to the request in order to ascertain the scope of the request. Unsatisfied with the Town’s response, Ms. Munford petitioned this office and this appeal, SPR20/0654, was opened as a result. While this appeal was pending, the Town provided a supplemental response to our office on April 14, 2020. The Town’s Initial Response In its initial response, the Town states that it is writing in order to ask Ms. Munford which date she was referring to in the request, as they are unable to locate the records she requested. The Town’s April 14th Response In its April 14, 2020 supplemental response, the Town contends that it has not denied Ms. Munford access to responsive records and that it intends to provide Ms. Munford with all responsive records consistent with its obligations under the Public Records Law. The Town explains that its initial response requested clarification of the scope of Ms. Munford’s request so as to be able to “engage in a fruitful search of its records.” Please be advised that it is permissible for the custodian of records to suggest a “reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce 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

Kathy Reynolds SPR17/319 Page 2 March 16, 2017 sought more efficiently and affordably.” See G. L. c. 66, § 10(b)(vii). Ms. Munford is encouraged to provide the Town with the needed clarification regarding the portions of the request referenced in the Town’s response. G. L. c. 66 § 10(a)(i) (the request must reasonably describe the public record sought). The Town must use its knowledge of the records to facilitate the provision of any responsive records. 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 § 10(a)(ii), (b)(ii). Conclusion In light of the Town’s April 8th email to this office, I encourage the Town and Ms. Munford to communicate further to enable the Town to provide the requested public records. G. L. c 66, § 10(a)(i) (the request must reasonably describe the public record sought). If unresolved issues remain, Ms. Munford may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Munford Katherine Feodoroff, Esq.