Steven M. Patterson v. Braintree, Town of - Town Clerk (SPR 20221809)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 17, 2022 SPR22/1809 James M. Casey Town Clerk Town of Braintree 1 John F. Kennedy Memorial Drive Braintree, MA 02184 Dear Mr. Casey: I have received the petition of Stephen Patterson appealing the response of the Town of Braintree (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 2, 2022, Mr. Patterson requested “information that will explain the due dates of all money collected by the Tax Collectors Office from residents such as real estate taxes, excise taxes, municipal fees, and any amounts that may be collected from residents because of their habituating in the town of Braintree or because of what they own from today until May 1, 2023.” Previous Appeals This request was the subject of previous appeals. See SPR22/1466 Determination of the Supervisor of Records (July 7, 2022) and SPR22/1611 Determination of the Supervisor of Records (July 27, 2022). In my July 27th determination, I closed SPR22/1611 in light of the Town’s July 18, 2022 response. Unsatisfied with the Town’s response, Mr. Patterson further appealed, and this case 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). 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

James M. Casey SPR22/1809 Page 2 August 17, 2022 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. Att’y 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. Current Appeal In his appeal petition, Mr. Patterson contends that the Town’s response “does not conclusively state that the list of bills is all inclusive.” The Town’s Responses In its July 18, 2022 response, and in previous responses, the Town provided a list of issue dates and due dates, as well as responsive records. No Duty to Answer Questions, Conduct Research, Create Documents Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). In a phone conversation between the Town and a staff attorney of the Public Records Division on August 11, 2022, the Town confirmed that it has now provided all responsive records in its possession to Mr. Patterson. Conclusion Where the Town confirmed that it does not possess additional records responsive to Mr. Patterson’s request, I will now consider this administrative appeal closed.

James M. Casey SPR22/1809 Page 3 August 17, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Stephen Patterson