Lisa Morales v. Wareham, Town of (SPR 20212128)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 3, 2021 SPR21/2128 Michele Bissonnette Town Clerk Town of Wareham 54 Marion Road Wareham, MA 02571 Dear Ms. Bissonnette: I have received the petition of Lisa Morales appealing the response of the Town of Wareham (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 14, 2021, Ms. Morales requested: 1. All income and expenditures from Onset Residential Parking fund(s) FY 2020 to present; and, 2. The number of employee Onset parking permits issued in 2020 and 2021 to date. 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). Prior appeal On July 15, 2021, the Town provided Ms. Morales with certain of the records responsive to her requests. Unsatisfied with the response, on July 23, 2021, Ms. Morales petitioned the Supervisor of Records (Supervisor), and appeal SPR21/1829 was opened. Ms. Morales informed this office that the Town did not provide all the records responsive to Request Number 1, and did not respond to Request Number 2. See SPR21/1829 Determination of the Supervisor (August 3, 2021). 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

Michele Bissonette, Town Clerk SPR21/2128 Page 2 September 3, 2021 In my August 3rd determination, I informed the Town that it must use its superior knowledge of its records in providing any records responsive to Ms. Morales’ July 14th request for records. I found that it was unclear whether the Town has additional records responsive to both of Ms. Morales’ July 14th requests. I ordered the Town to provide Ms. Morales with a response to her July 14th requests in a manner consistent with my August 3rd administrative order, the Public Records Law and its Regulations. Current appeal In an August 5, 2021 letter, Judith Whiteside, Chairperson of the Town’s Board of Selectmen, contends, “…we previously fully responded to Ms. Morales’ initial request by providing one responsive public record in the Town’s possession. The Town’s response to [Request Number] 2 is that it has no additional public records responsive to this [request].” Unsatisfied with the Town’s August 5th response, on Saturday, August 21st, Ms. Morales petitioned the Supervisor, asserting, “Ms. Whiteside is not the custodian of records in Wareham but replied on behalf of the [T]own. The [T]own most certainly has these records. If they do not they should be in receivership. The Attorney General approved the Onset Parking District as a by-law change and these receipts and expenditures are directly related to the Onset Parking District.” As a result of Ms. Morales’ petition, this office opened the current appeal, SPR21/2128. In light of Ms. Morales’ August 21st petition, it is unclear whether the Town has conducted a diligent search of the records within the Town’s departments for any further records in the Town’s possession that are responsive to both of Ms. Morales’ July 14th requests. The Town must clarify whether such a search was conducted, and whether any further records are 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). Order Accordingly, the Town is ordered to provide Ms. Morales with a response to the July 14, 2021 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.

Michele Bissonette, Town Clerk SPR21/2128 Page 3 September 3, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Morales