Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20213094)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 6, 2021 SPR21/3094 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); SPR21/2469 Determination of the Supervisor of Records (October 12, 2021); SPR21/2525 Determination of the Supervisor of Records (October 15, 2021). On September 22, 2021, the Town responded. Unsatisfied with the Town’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR21/3094, 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 is based…”); 950 C.M.R. 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 SPR21/3094 Page 2 December 6, 2021 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 Responses In its September 22, 2021 response, the Town advised that records responsive to the request were provided. In a response dated December 6, 2021, the Town stated, “[the Town Manager] … is provided with one iPhone and one iPad. The records for both of these devices have been provided to Mr. Mazurczyk previously. There is no second iPhone, contrary to Mr. Mazurczyk’s assertions.” As the Town has confirmed that records have been provided to Mr. Mazurczyk and there is no third device, I find that the Town has met its burden. Accordingly, I will consider this appeal closed. If Mr. Mazurczyk is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § l0A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk Paul Haverty, Esq.