Julie Ahern v. Watertown, Town of - Office of the Town Clerk (SPR 20212972)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2021 SPR21/2972 Janet M. Murphy Town Clerk Town of Watertown 149 Main Street Watertown, MA 02472 Dear Ms. Murphy: I have received the petition of Julie Ahern-Pugliese appealing the response of the Town of Watertown (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 17, 2021, Ms. Ahern-Pugliese requested “all public information regarding how the Town of Watertown calculates [her] #11936 water and sewer bill.” On October 17, 2021, Ms. Ahern-Pugliese sent a second letter to the Town, including a list of forty examples of documents she is seeking. The Town responded on October 27, 2021, indicating that it was in possession of 124 pages of responsive records “available for pickup at the Town Clerk’s Office.” The Town also explained several recent billing dates, and directed Ms. Ahern-Pugliese to two websites that provide the Town’s water and sewer rates. Unsatisfied with the Town’s response, Ms. Ahern- Pugliese appealed, and this case 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 agency or municipality 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). To meet the specificity requirement a custodian 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

Janet M. Murphy SPR21/2972 Page 2 November 16, 2021 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. Ahern-Pugliese explains that the present appeal is separate from her previous appeal, SPR21/1842, as the present appeal concerns the calculation of a different water bill. In addition, Ms. Ahern-Pugliese states the following: The current appeal concerns a public information request dated 9/17/21 requesting all public information regarding how the Town of Watertown calculated the Water and Sewer Bill #1059068, dated 09/14/2021 and before. Watertown’s 10/27/21 letter . . . does not meet the public records response requirements. It does not offer access to the relevant documents that municipalities are required to maintain. [Ms. Ahern-Pugliese’s] 10/17/21 . . . letter lists some of the relevant documents that, according to the Massachusetts Secretary of State, Watertown is required to maintain. Watertown’s 10/27/21 letter offers access to billing rates and formulas. Accurate application of these rates and formulas do not result in Watertown’s 9/14/21 billed amount. These rates and formulas are therefore not responsive. They do not relate to the requested 9/14/21 billing records. No Duty to Answer Questions, Conduct Research Please be advised, 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). Additionally, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Unclear Appeal Based on the foregoing, the basis of Ms. Ahern-Pugliese’s appeal is unclear. Ms. Ahern- Pugliese is advised 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(l)(f). In this case, where the Town has indicated that it has 124 pages of responsive records “available for pickup at the Town Clerk’s Office,” Ms. Ahern-Pugliese’s claim that the Town “does not offer access to the relevant documents” is unclear. This office encourages Ms. Ahern-Pugliese to communicate directly with the Town in order to arrange receipt of the records responsive to her request. Ms. Ahern-Pugliese may then describe her specific objections to the Town’s response.

Janet M. Murphy SPR21/2972 Page 3 November 16, 2021 Conclusion Based on the above, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Julie Ahern-Pugliese (by mail)