Julie Ahern v. Watertown, City of - Office of the Town Manager (SPR 20211543)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 2, 2021 SPR21/1543 Michael J. Driscoll Office of the Town Manager Town of Watertown 149 Main Street Watertown, MA 02472 Dear Mr. Driscoll: I have received the petition of Julie Ahern appealing the response of the Town of Watertown Office of the Town Manager (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 19, 2021, Ms. Ahern requested “…all public information regarding how the Town calculates my [Ms. Ahern] water and sewer bills during the years, 2013 to 2021.” Previous Appeal This request was the subject of a previous appeal. See SPR21/1456 Supervisor of Records Determination (June 16, 2021). The Town provided a response on May 29, 2021. Unsatisfied with the Town’s response, Ms. Ahern petitioned this office and this appeal, SPR21/1543, 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); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld 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

Michael J. Driscoll SPR21/1543 Page 2 July 2, 2021 or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Town’s May 29th response In its May 29th response, the Town states “[t]he water meter in question was to be changed out in 1999, the meter located at 167 Highland Avenue was installed in 1994. This has been communicated to you on numerous occasions. The meter does not have an electronic device to read automatically, the Town must get into the premises to read manually which has not been allowed.” In Ms. Ahern’s appeal to this office, she states “letter does not lawfully respond to my 5/15/21, public records request.” Ms. Ahern explains that the Town’s “letter appears to describe how Watertown's ... estimated reads ... can be ... resolved ... but the letter does not.” She contends the “letter also does not offer to provide access to the requested records for a fee.” Records in existence 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). In light of the issues raised by Ms. Ahern, I find it is unclear whether additional responsive records exist. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Ahern with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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: Ms. Julie Ahern