Theresa Czerpica v. Dudley, Town Of - Town Clerk (SPR 20200832)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 3, 2020 SPR20/0832 Lori A. Smith Office of the Town Clerk 71 West Main Street, Suite 207 Dudley, MA 01571 Dear Lori A. Smith: I have received the petition of Theresa Czerpica appealing the response of the Town of Dudley (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 8, 2020, Ms. Czerpica requested a copy of nomination papers. 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, § l0A(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, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for theNorfolk 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 In a letter to Ms. Czerpica dated May 12, 2020 the Town states,“[t]he Town will log this request, and will respond as promptly as possible following resumption of more normalized operations, in accordance with the Public Records Law. Please understand that where public buildings are closed and staff is limited., resources must be devoted to those matters directly related to the public health and safety.” Unsatisfied by this response, Ms. Czerpica petitioned this office and as a result SPR20/0832 was opened. 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

SPR20/0832 Lori A. Smith Page 2 June 3, 2020 In her petition to this office dated May 16, 2020, Ms. Czerpica writes, “I am asking your department for help in obtaining a public record document. On May 8, 2020 I sent a registered letter requesting a copy of 2 nomination papers for office in the Town of Dudley, Board of Health and selectman. I have since received a response that I will need to wait for the information since the town offices are closed to the public due to Gov. Baker declaration of emergency (copies of both letters enclosed). I understand that the town is closed to the public as are all the cities and towns in Massachusetts. But that does not mean that no one is working at these facilities. Since I have received a reply there is someone who is in the office to answer citizens' concerns.” Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Town provided Ms. Czerpica responsive records on May 28, 2020. In an email to this office dated June 2, 2020 the Town writes, “[t]he copies of the requested certified nomination papers were mailed to Theresa Czerepica on May 28th, 2020.” Conclusion In light of the Town’s June 2nd email, I will now consider this administrative appeal closed. Ms. Czerpica 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: Theresa Czerpica