Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20212605)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 20, 2021 SPR21/2605 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 requested in, pertinent part, the following records, [1] … records that substantiate … this day we received over 3 inches of rain with heavy downpours, which is more than a normal rainfall amount … [2] … records substantiating that a named person was present [3] … record that place named person… at the scene [that] named person recorded. [4] … 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. [5] How do you explain visual of that video? Is [holding an umbrella out of camera’s view for you? Why didn’t named person] video water flow from standing position or against the water flow. Previous appeal The requested records were the subject of a previous appeal. See SPR21/2285 Determination of the Supervisor of Records (September 22, 2021). The Town responded on September 29, 2021. Unsatisfied with the response, Mr. Mazurczyk petitioned this office and this appeal, SPR21/2605, 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 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 SPR21/2605 Page 2 October 20, 2021 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 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 29, 2021 response In its September 29th response, the Town indicated that with regard to request number 1, the Town has no responsive records. Regarding request numbers 2 and 3, the Town stated, “[o]ther than the July 12, 2021 email from [named person] to Mr. Mazurczyk stating that [named person] was present with him when he inspected the drainage in front of his property, the Town has no records responsive to this request.” With regard to request numbers 4 and 5, the Town stated, “[t]his request seeks the Town to answer questions and/or perform research, which is outside the scope of the public records law. The public records law does not require the Town to undertake an analysis of what constitutes a well-designed drain, nor does it require the Town to undertake a comparison to the drain in front of Mr. Mazurczyk's property. Accordingly, there are no public records responsive to Mr. Mazurczyk’ S request.” Current appeal In his appeal, Mr. Mazurczyk asserts, in part, that the Town’s statement as to 3 inches of rain with heavy downpours, which is more than a normal rainfall amount “such an explicit assertion he had to source it from somewhere.” Mr. Mazurczyk further stated, “[i]f the Town does not keep records relating to daily rainfall totals” how did Mr. Eriksen know that “over 3 inches of rain fell on July 9, 2021?” Finally, Mr. Mazurczyk asserts that the Town failed to “[p]rovide record of well designed and functioning water drain, illustrative example, their location, dimensions, and leak acceptance.” Under the Public Records Law, there is no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Accordingly, I will now consider this administrative appeal closed.

Patricia E. Dzuris SPR21/2605 Page 3 October 20, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk