Richard Sheridan v. Orange, Town of - Town Clerk (SPR 20220684)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 6, 2022 SPR22/0684 Nancy Blackmer Town Clerk Town of Orange 6 Prospect Street Orange, MA 01364 Dear Ms. Blackmer: I have received the petition of Richard Sheridan appealing the response of the Town of Orange (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 4, 2022, Mr. Sheridan requested monthly credit card statements from the Town’s credit card from July 1, 2021 to September 1, 2022. The Town provided a response on February 22, 2022. Unsatisfied with the Town’s response, Mr. Sheridan petitioned this office and this appeal, SPR22/0684, 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 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Nancy Blackmer SPR22/0684 Page 2 April 6, 2022 The Town’s February 22nd Response On February 22, 2022, the Town indicated the Town’s Accountant stated that “once [a] bill is paid, she shreds the [statement] as [the Town’s credit card account] is a personal account. The Accountant will only pay invoices submitted and will not pay based on a bill that might be submitted.” The Town later clarified by stating, “…the [statements do] not exist as the statement/bill is shredded each month upon payment of the invoices. You previously received copies of the invoices that were paid on this account.” Current Appeal In his current appeal, Mr. Sheridan stated, “I find it difficult to accept that such a record has been destroyed in totality.” In a telephone call between the Town and a staff attorney with this Division, the Town stated that it was not aware whether electronic credit card statements are available. Records in Existence; Records Management 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). In light of the above, I find it unclear whether there are responsive statements in the possession, custody or control of the Town. Specifically, the Town must clarify whether it has access to electronic statements. Conclusion Accordingly, the Town is ordered to provide Mr. Sheridan with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Richard Sheridan