Joan Savoy v. Townsend, Town of - Town Clerk (SPR 20220208)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 9, 2022 SPR22/0208 Kathleen M. Spofford, CMMC Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Ms. Spofford: I have received the petition of Joan Savoy, Chair of Townsend Affordable Housing Trust, appealing the response of the Town of Townsend (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Savoy requested: “a signed and dated copy of the amended contract between [the Town] and Community Opportunities Group as per our FY18 CDB grant. The amended contract was signed in 2020.” On January 10, 2022, the Town provided a copy of a record; however, Ms. Savoy informed the Town, via email, that the provided record is not the amended contract from early 2020 between the Town and Community Opportunities Group (COG), a grant management contract. In a January 11th email, the Town explained “…there are no documents pertinent to your request.” As a result, Ms. Savoy petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition to the Supervisor, Ms. Savoy asserts, “[m]y issue/appeal is that neither the [Town] nor COG have provided the responsive document which COG has stated does exist. Both entities say they do not have a copy.” A review of Ms. Savoy’s petition indicates that she seeks a copy of the Grant Management Contract amendment signed in 2020 by an identified person from COG and the former Town Administrator. 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). 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

Kathy M. Spofford SPR22/0208 Page 2 February 10, 2022 Possession, Custody, or Control 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, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the Town’s response, it is unclear whether the requested records existed and were permissibly destroyed or whether they did not exist. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Ms. Savoy with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations 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. Ms. Savoy may appeal the substantive nature of the response within 90 calendar days. 950 C.M.R. 32.08(1). Sincerely, .fJ A ~ ~ ~ - ~ 0 1<I.JIJW,(J. ·--· Rebecca S. Murray Supervisor of Records cc: Joan Savoy, Chair, Townsend Affordable Housing Trust