David Durgin v. Dudley, Town Of - Town Clerk (SPR 20210288)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 19, 2021 SPR21/0288 Lori A Smith Town Clerk Town of Dudley 71 W. Main Street Dudley, MA 01571 Dear Ms. Smith: I have received the petition of David Durgin, 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). On December 10, 2020, Mr. Durgin requested numerous documents from the Town. Subsequently, Mr. Durgin amended his request to, “[a]ny and all invoices the Town has received for Legal services for October and November 2020.” Previous Appeal This request was the subject of a previous appeal. See SPR21/0057 Determination of the Supervisor of Records (January 25, 2021). Unsatisfied with the response, Mr. Durgin petitioned this office and SPR21/0288 was opened as a result. 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, § 10A(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) (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). 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

Lori A. Smith SPR20/0288 Page 2 February 19, 2021 The Town’s January 25th response In its January 25, 2021 response, the Town, through its counsel Michele Randazzo, Esq., of KP Law, P.C. responded to Mr. Durgin’s inquiry of where and when to pay and stated, “[p]ayment can be made via check or money order, made payable to the ‘Town of Dudley’, and can be mailed to the attention of the Town Clerk at Town Hall; or, can be dropped off in the drop box located in the Police Department lobby; or, can be paid at the drive-up kiosk located at Town Hall, Monday, 12P-4P, Tuesday, 8A-12P and Wednesday, 8A-11:30A. If payment is deposited in either the drop box or at the drive up kiosk, it should be clearly noted that payment should be directed to the attention of the Town Clerk.” Current appeal In his current appeal, Mr. Durgin states, “I am simply asking to be permitted to inspect the document before paying the fee for the copy as permitted by CMR 950 32.06: 2, A.” Pursuant to 950 C.M.R. 32.06(2)(a), a records access officer or designee shall permit inspection or provide or furnish a copy of all public records within the custody and control of the custodian at reasonable times and without unreasonable delay under G. L. c. 66, § 10(a). If the Town offices are open to the public and can provide a satisfactory place for the inspection of documents, the Town must comply with the provisions of 950 C.M.R. 32.06(2)(a). If Town offices are not open to the public, Mr. Durgin may wish to wait until the Town offices are open to the public or provide payment as the Town has outlined above. I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: David Durgin Michele Randazzo, Esq., KP Law, P.C.