Tom Stalker v. New Marlborough, Town of - Town Clerk (SPR 20210806)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 9, 2021 SPR21/0806 Katherine Chretien Town Clerk Town of New Marlborough 807 Mill River Southfield Road Mill River, MA 01244 Dear Ms. Chretien: I have received the petition of Tom Stalker appealing the response of the Town of New Marlborough (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 7, 2021, Mr. Stalker requested a number of financial records from the Town. Previous Appeal This request was the subject of a previous appeal. See SPR21/0373 Supervisor of Records Determination (February 25, 2021). That appeal was opened based on the Town’s lack of a written response, and closed in light of the response provided on February 24, 2021. Unsatisfied with the Town’s response, Mr. Stalker appealed, and this case was opened as a result. Current Appeal In his appeal petition, Mr. Stalker contends that while the Town has provided some of the records he requested, he has not received “[d]etail of all activity for FY18, FY19, and FY20, for the Town’s Stabilization Account . . . to include all applicable bank statements (Adams Bank?) as well as from [the] Town books/records.” Records in Existence Based on the Town’s response, it is unclear if the Town possesses additional records responsive to Mr. Stalker’s request. 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). The records already provided by the Town 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

Katherine Chretien SPR21/0806 Page 2 April 9, 2021 include multiple references to receipts for “Stabilization.” It is unclear whether additional records exist “for the Town’s Stabilization Account,” and if so, whether there is any basis for the Town to withhold such records. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Mr. Stalker with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. 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: Tom Stalker