Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20221303)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 21, 2022 SPR22/1303 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 nonresponse 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 January 6, 2022, Mr. Mazurczyk requested certain invoices of identified Verizon accounts. Previous appeals This request was the subject of a previous appeal. See SPR22/0150 Determination of the Supervisor of Records (February 3, 2022). The Town responded on May 4, 2022. Unsatisfied with the response, Mr. Mazurczyk petitioned this office and this appeal, SPR22/1303, 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

Patricia E. Dzuris SPR21/1303 Page 2 June 21, 2022 The Town’s May 4th response In its May 4th response, the Town advised, “[t]his public records request has been responded to by the Town multiple times. Specifically, the Town submitted a response dated July 27, 2021 from Town Clerk …After appeal by Mr. Mazurczyk, this office submitted a further response dated October 12, 2021.” Current appeal In his appeal, Mr. Mazurczyk references numerous determinations from this office, involving different requests. Upon review, the Town has provided multiple responses and provided redacted Verizon invoices to Mr. Mazurczyk. I find that the basis of Mr. Mazurczyk is unclear. Mr. Mazurczyk must detail the records he believes he has not received. Mr. Mazurczyk 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(l)(f). Conclusion Accordingly, I am unable to issue a determination at this time. Mr. Mazurczyk may wish to clarify his appeal. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk Paul Haverty, Esq.