Paul McLaughlin v. Adams, Town of - Town Clerk (SPR 20201431)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2020 SPR20/1431 Haley Meczywor Town Clerk Town of Adams 8 Park Street Adams, MA 01220 Dear Ms. Meczywor: I have received the petition of Catherine Foster appealing the response of the Town of Adams (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 7, 2020, Ms. Foster requested: “[1]. All prior inspection reports/occupancy permits for 10 Murray Street. These were requested from Town Clerk Meczywor, beginning on 5/7 and from Building Commissioner Garner on 5/29. [2]. Emails between Rebecca Ferguson and Mark Blaisdell, and assistant Deb Gerry that reference me. Requested from Town Clerk Meczywor on 5/7/20, the Community Development Director Cesan on 5/29/20, and Building Commissioner Garner on 5/29/20. An email dated June 1, 2020 between Ferguson and Community Development Director Cesan confirms the existence of such communications. [3]. The picture attachment that supports the 1/14/08 letter to the Fire District from then-Code Enforcement Officer Scott Koczela. The attachment was not included with the letter provided by Town Clerk Meczywor, and was specifically requested from Building Commissioner Garner on 5/29/20. [4]. Text messages. These were requested from Town Clerk Meczywor on 5/7/20, Building Commissioner Garner on 5/29/20, Community Development Director Cesan on 5/29/20, and Board of Health Chair Peter Hoyt on 5/29/20. To date, no text messages have been provided. [5]. Written communications about me specifically to/from Scott Koczela, requested generally from Town Clerk Meczywor on 5/7/20, and specifically from Building Commissioner Garner on 5/29/20, and Community Development Director Cesan on 5/29. [6]. A copy of the audiotape from the March 4, 2020 Board of Health meeting. This was requested from Building Commissioner Garner on 5/31 and 6/3, from Town Counsel Edmund St. John on 4/1, and BOH Chair Hoyt on 5/20, 6/11, 6/18, and 6/22. 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

Haley Meczywor SPR20/1431 Page 2 August 24, 2020 [7]. I was not provided the attachment to the email from Health Department Inspector Blaisdell to BOH members dated 3/3. [8]. The town did not provide all emails about me between the Health department and DPH employee Paul Halfmann.” Previous appeal This request was the subject of a previous appeal. See SPR20/1087 Determination of the Supervisor of Records (July 15, 2020). In my July 15th determination, I understood that the Town would provide a subsequent response and the Town was ordered to do so in a manner consistent with the Public Records Law and its Access Regulations. Appeal Under the Public Records Law and the Access Regulations all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Access Regulations with respect to the timeliness of response. 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) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). Basis of Current Appeal In her August 9th appeal, Ms. Foster referenced two previous appeals, SPR20/0865 and SPR20/1087, claiming a nonresponse from the Town. This appeal appears to be related entirely to Appeal SPR20/1087 in which Ms. Foster is claiming that the Town has not responded and/or has not produced all records responsive to her request. This case, SPR20/1431, was opened as a result. It is unclear if the Town possesses the records requested by Ms. Foster. See G. L. c. 66, § 10(a)(ii), (b)(ii), (iii). 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). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 10(b)(iii). If the records are within the Town's possession and they intend to withhold the documents an exemption must be provided as

Haley Meczywor SPR20/1431 Page 3 August 24, 2020 stated above. See G. L. c. 66, § 10(b)(iv) (custodian has the burden of establishing the applicability of an exemption). Accordingly, the Town is ordered to review the requests made by Ms. Foster and provide any requested records in accordance with the Public Records Law, its Access Regulations and this order as soon as practicable. 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: Catherine Foster