Mary A. Parsons v. Rockland, Town of - Town Clerk (SPR 20211616)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 13, 2021 SPR21/1616 Liza Landy Town Clerk Town of Rockland 242 Union Street Rockland, MA 02370 Dear Ms. Landy: I have received the petition of Mary A. Parsons appealing the response of the Town of Rockland (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2021, Ms. Parsons requested “a copy of the written agreement for sewer capacity to hook up the Forest Delahunt, LLC Monahan Skate Rink Complex.” The Town responded on June 14, 2021, providing records relating Ms. Parsons request, and on June 15, 2021 indicated that “there is no written agreement.” Unsatisfied with the Town’s request, Ms. Parsons appealed, and this case 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 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. 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

Liza Landy SPR21/1616 Page 2 July 13, 2021 Current Appeal In her appeal petition, Ms. Parsons states that she is “appealing the money charge for receiving a document [she] never requested.” Ms. Parsons also contends that the Town “sent a recent application for sewer hook up. [She] asked for the written documentation, not the application for a sewer hookup.” The Town’s June 14th and June 15th Responses In its June 14, 2021 response, the Town provided Ms. Parsons with records which it claimed were responsive to her request. On June 15, 2021, the Town further stated that “[a]ccording to the Sewer Department, there is no written agreement between Monahan Skate Rinks Forest Monahan, LLC and the sewer dept. to hookup to the sewer dept. Accordingly, there are no documents in [the Town’s] possession that are responsive to [Ms. Parson’s] request.” Records in Existence In an email to this office on July 12, 2021, the Town explained the following: [A]t the time of Ms. Parson’s request there was no responsive agreement between Skate Rink and the Sewer Department. Several weeks after the Town submitted its response to Ms. Parson, an agreement was entered into between the Skate Rink and Sewer Department, but no such agreement existed within the Town’s deadline to produce materials to Ms. Parson and the Town submitted all responsive materials. 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). Ms. Parsons may make a request for records created subsequent to her June 2nd request. If Ms. Parsons is dissatisfied with the response to said request, she may file an appeal within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mary A. Parsons