Daralyn Heywood v. Mattapoisett, Town of - Town Clerk (SPR 20212294)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 16, 2021 SPR21/2294 Catherine Heuberger Town Clerk Town of Mattapoisett 16 Main Street – P.O. Box 89 Mattapoisett, MA 02739 Dear Ms. Heuberger: I have received the petition of Daralyn Heywood appealing the response of the Town of Mattapoisett (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 12, 2021, Ms. Heywood requested records of any emails, notes, memos, accusations, and complaints pertaining to a named person. On September 3, 2021, the Town responded. Unsatisfied with the Town’s response, Ms. Heywood petitioned this office and this appeal, SPR21/2294, 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). The Town’s September 3, 2021 response In the Town’s September 3rd response, the Town states, “[t]he Town of Mattapoisett has provided the only record that we are in possession of regarding this matter … there is nothing more that the town can do, as we possess no other records which are responsive to your request.” 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

Catherine Heuberger SPR21/2294 Page 2 September 16, 2021 Current appeal In her September 8, 2021 appeal, Ms. Heywood stated, “I sent a public records request to elected town official Mr. James Muse, Chairman of the School Committee … [and] appeal this request as Mr. Muse has failed to respond. The emails below are emails from cooperative town employees.” Therefore, the basis of Ms. Heywood’s appeal is unclear. Ms. Heywood is advised that all requestors of a petition for appeal must allege a “failure by a records access officer to comply with a requirement of 950 CMR 32.00.” See 950 CMR 32.08(1)(b) (emphasis added). Conclusion Upon review of the file, it is unclear what the basis of Ms. Heywood’s appeal is. Ms. Heywood is reminded that all petitions for appeal “shall specifically describe the nature of the requestor's objections to the response or failure to timely respond.” 950 C.M.R. 32.08(1)(f). Please be aware that the request must reasonably describe the records sought. G. L. c. 66, § 10(a)(i). Ms. Heywood may wish to clarify this matter and her objections to the Town’s response. Sincerely, Rebecca S. Murray Supervisor of Records cc: Daralyn Heywood