Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20212285)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 22, 2021 SPR21/2285 Patricia E. Dzuris Public Records Compliance Officer Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Dzuris: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66, §10A; see also 950 C.M.R. 32.08(1). On August 20, 2021, Mr. Mazurczyk asserted: This is request for records. Mr. Eriksen stated that “this day we received over 3 inches of rain with heavy downpours, which is more than a normal rainfall amount.” I’m requesting records that substantiate that assertion. Mr. Eriksen claims Mr. Persichetti was present during that visit. He presented no records substantiating that claim. Provide all/any record that place Mr. Persichetti at the scene Mr. Eriksen recorded. Provide record of well designed and functioning water drain, illustrative example, their location, dimensions, and leak acceptance. How do they compare to the one in front of my property?... The Town responded on August 20, 2021. Unsatisfied with the response, Mr. Mazurczyk petitioned this office and this appeal, SPR21/2285, 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) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to 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

Patricia E. Dzuris SPR21/2285 Page 2 September 22, 2021 withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). The Town’s August 20, 2021 response In its August 20th response, the Town stated, “[t]he communication below is a not a request for records and we will not acknowledge it as such. We do not provide documentation on the weather, we are not required to answer your questions and we do not have to provide you any further evidence on your complaint.” Based on Mr. Mazurczyk’s appeal, in conjunction with the Town’s response, it is unclear if the Town possesses any records responsive to his request. Although the Town is not required to answer questions or perform research, 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Town must clarify whether responsive records exist. Conclusion Accordingly, the Town is ordered to provide Mr. Mazurczyk 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: Stanley Mazurczyk