Alex Belote v. Wayland, Town of (SPR 20211217)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 25, 2021 SPR21/1217 Louise Miller Town of Administrator Town of Wayland 41 Cochituate Road Wayland, MA 01778 Dear Ms. Miller: I have received the petition of Alex Belote appealing the response of the Town of Wayland (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Belote requested to inspect or receive copies of records from November 1, 2020 to March 30, 2021 relating to allegations made against an identified person on December 11, 2020. The basis of this appeal, SPR21/1217, centers on Mr. Belote’s assertion that the Town’s response pertaining to the responsive records did not address whether the Town is in possession of all the requested records. 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). Burden of specificity in responding to a public records request Based on the Town’s April 29th response, it is unclear if the Town is in possession, custody or control of additional records responsive to Mr. Belote’s April 14, 2021 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). I find that the Town must clarify this matter. 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

Ms. Louise Miller SPR21/1217 Page 2 May 25, 2021 Conclusion Accordingly, the Town is ordered to provide Mr. Belote with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 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: Alex Belote