Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20212525)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 15, 2021 SPR21/2525 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 July 26, 2021, Mr. Mazurczyk requested the “… latest (July, 2021) unredacted invoices of these Verizon accounts and record of device upgrades.” Previous Appeals This request was the subject of previous appeals. See SPR21/2011 Determination of the Supervisor of Records (August 23, 2021); SPR21/2157 Determination of the Supervisor of Records (September 7, 2021); and SPR21/2469 Determination of the Supervisor of Records (October 12, 2021). On September 22, 2021, the Town responded. Unsatisfied with the Town’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR21/2525, 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 withhold, and provide the specific reasons for such withholding, including the specific 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 SPR21/2525 Page 2 October 15, 2021 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 September 22, 2021 response In its September 22nd response, the Town asserted it “provided a response dated August 9, 2021 in which it stated … records responsive to your request have already been provided.” Current appeal In his appeal, Mr. Mazurczyk states, “[t]hat record is incomplete and … [o]nly 3 pages out of 5 have been provided.” Mr. Mazurczyk also requested invoices for prior two billing cycles. Based on Mr. Mazurczyk’s appeal for a complete invoice, it is unclear if the Town possesses any additional records responsive to his request. 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). Conclusion Accordingly, the Department is ordered to provide a response to Mr. Mazurczyk made in accordance with the Public Records Law, its Access Regulations and this order 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk