Julie Ahern v. Watertown, City of - Office of the Town Manager (SPR 20211842)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 9, 2021 SPR21/1842 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 Appeals This request was the subject of previous appeals. See SPR21/1456 Supervisor of Records Determination (June 16, 2021); SPR21/1543 Supervisor of Records Determination (July 2, 2021). The Town provided a response on July 21, 2021. Unsatisfied with the Town’s response, Ms. Ahern petitioned this office and this appeal, SPR21/1842, 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 SPR21/1842 Page 2 August 9, 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 July 21th Response The Town’s July 21th response stated, “the Town’s May 21, 2021 correspondence informed Ms. Ahern-Pugliese that her bills were based on estimated usage because she did not have an electronic meter that allowed the Town to read her actual water usage for billing purposes. The Town further informed Ms. Ahern-Pugliese that any billing dispute could be resolved through the installation of a new meter. It was the Town’s understanding that the letter sufficiently conveyed its position that there were no records responsive to the request.” The Town explained “[t]he records responsive to Ms. Ahern-Pugliese’s request consist of periodic water bills, letters sent by Ms. Ahern-Pugliese to the Town and Town’s responses to those letters” and “[a]ll of these documents are already in Ms. Ahern-Pugliese’s possession.” The Town further explained “after diligent search, the Town does not have possession of any other documents responsive to the request.” In Ms. Ahern’s appeal to this office, she states “that Watertown possesses unopened certified letters going back as far as 2013” and those letter were never delivered to her. 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.

Michael J. Driscoll SPR21/1842 Page 3 August 9, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Julie Ahern Gregg J. Corbo, Esq.