Lisa Morales v. Onset Water Department/Fire District (SPR 20212089)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 31, 2021 SPR21/2089 Melissa Goodell Onset Fire District Clerk-Treasurer’s Office 15 Sand Pond Road, P.O. Box 44 Onset, MA 02558 Dear Ms. Goodell: I have received the petition of Lisa Morales appealing the response of the Onset Fire District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 3, 2021, Ms. Morales requested: 1. All leases or other agreements for solar projects specifying the parties, substance, date signed and date of termination. 2. All receipts by year with respect to solar projects. The District responded on August 12, 2021, providing a fee estimate. Unsatisfied with the District’s response, Ms. Morales 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 municipality 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. 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

Melissa Goodell SPR21/2089 Page 2 August 30, 2021 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. Current Appeal In her appeal petition, Ms. Morales contends that “[t]he District does not indicate whether or not they have a PILOT program with respect to solar and whether such records are in their possession. Yet they wish to charge six hours to find such an agreement if they have one. The District includes payments from solar in their budget.” Subsequently, I learned that the District provided a supplemental response to Ms. Morales. In a letter to Ms. Morales and this office on August 26, 2021, the District confirmed that “the District does in fact have records related to solar projects that are responsive to [Ms. Morales’] request, and the District’s cost estimate is based on the anticipated time required to search for, compile, segregate, redact, and reproduce any responsive records.” Conclusion In light of the supplemental response provided by the District, I will now consider this administrative appeal closed. If issues remain unresolved, Ms. Morales may appeal the substantive nature of the District’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Morales Peter C. Sumners, Esq.