Eileen W. Mooney v. Great Barrington, Town of - Housing Authority (SPR 20213290)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 3, 2022 SPR21/3290 Madonna Meagher Records Access Officer Great Barrington Housing Authority 2 Bernard Gibbons Drive Great Barrington, MA 01230 Dear Ms. Meagher: I have received the petition of Eileen Mooney appealing the response of the Great Barrington Housing Authority (the Authority) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 20, 2021, Ms. Mooney requested “to see [certain] invoices [from W.B. Mason].” Previous Appeal In a previous appeal, the Authority stated that it was working to prepare the requested records and would provide Ms. Mooney a supplemental response. See SPR21/2973 Supervisor of Records Determination (November 16, 2021). The Authority presented Ms. Mooney the records for her inspection on November 23, 2021. On November 30, 2021, the Authority provided an additional response. Unsatisfied with the Authority’s response, Ms. Mooney petitioned this office and this appeal, SPR21/3290, 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). 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

Madonna Meahger SPR21/3290 Page 2 January 3, 2022 The Authority’s November 30th Response On November 30, 2021, the Authority stated, “On…November 23, 2021, [the Authority] presented you with the WB Mason file folder containing the original invoices and the check stubs attached to each invoice for each check number listed above…[the Authority has] provided you…with the invoices for WB Mason…To my knowledge, the [Authority] has not requested compensation for the time it has taken…to compile documents.” Current Appeal In her current appeal, Ms. Mooney stated, “when I asked to have copies made of the requested invoices, Ms. Meagher said they would be provided when the public records request was filled. However, nothing has been provided.” Where Ms. Mooney has inspected the responsive records in question, the basis of her appeal is unclear. In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Conclusion Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Mooney in her current appeal petition, I am unable to issue a determination at this time. Sincerely, Rebecca S. Murray Supervisor of Records cc: Eileen Mooney