Trent Mutchler v. Hamilton, Town of - Town Manager (SPR 20220962)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 3, 2022 SPR22/0962 Joseph Domelowicz, Jr. Town Manager Town of Hamilton 577 Bay Road Hamilton, MA 01936 Dear Mr. Domelowicz: I have received the petition of Trent Mutchler appealing the response of the Town of Hamilton (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 3, 2022, Mr. Mutchler requested identified emails. The Town provided a response on March 3, 2022. Unsatisfied with the Town’s response, Mr. Mutchler petitioned this office and this appeal, SPR22/0962, 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). 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. 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. 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

Joseph Domelowicz, Jr. SPR22/0962 Page 2 May 3, 2022 The Town’s March 3rd Response In its March 3, 2022 response, the Town stated, “[T]he Town is providing you with copies of all of the e-mails sent from [you] to the Town from January 14, 2022 until March 2, 2022, at no charge.” Current Appeal In his current appeal, Mr. Mutchler stated, “My request was not for all of my past emails, but for specific ‘threatening communications’…that I had sent him or other Town officials…” In a conversation between the Town and a staff attorney with this Division, the Town confirmed that it provided Mr. Mutchler with every email he has sent to the Town. Where the Town provided Mr. Mutchler with every email that he sent to the Town, the basis of Mr. Mutchler’s 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). It is uncertain whether Mr. Mutchler is alleging a violation of G. L. c. 66, § 10. Conclusion Mr. Mutchler is reminded 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(1)(f). Mr. Mutchler may wish to clarify this matter and his objections to the Town’s response. Sincerely, Rebecca S. Murray Supervisor of Records cc: Trent Mutchler