Patricia C. Gill v. Holbrook, Town of - Town Clerk (SPR 20221924)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 1, 2022 SPR22/1924 Jeanmarie Tarara Town Clerk Town of Holbrook 50 North Franklin Street Holbrook, MA 02343 Dear Ms. Tarara: I have received the petition of Patricia C. Gill appealing the response of the Town of Holbrook (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 8, 2022, Ms. Gill requested: [1] Record of completed state-mandated training for all Board of Assessors’ members from April 2019 to June 2022; and [2] Any and all minutes, emails, letters, or relevant information pertaining to the hiring of and the contract for the Treasurer’s Consultant during March 2022-June 2022 records of the vote of the Select Board authorizing the hiring and contract. On July 7, 2022, the Town provided Ms. Gill with the responsive contract for the Treasurer’s consultant. The Town also informed Ms. Gill that on June 22nd, the Select Board voted to extend the consultant’s contract until August 15, 2022. In a July 27th email to the Town Clerk’s Office, Ms. Gill informed the Town that she did not receive the minutes from the Executive Session where the decision to hire the consultant was made; the Select Board voting record for the consultant’s position and candidacy; the agenda from the Select Board meeting where the need for the consultant was to be discussed. After not receiving any further response, Ms. Gill petitioned the Supervisor of Records and this appeal was opened. 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 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

Jean Marie Tarara SPR22/1924 Page 2 September 1, 2022 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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). Where the Town has not responded fully to Ms. Gill’s request for Executive Session minutes, agendas and the Select Board’s voting records for the meeting(s) pertaining to the contract negotiation of the Treasurer’s consultant during March through June 2022, I find that the Town has not met its burden in responding to this request. The Town must clarify if additional records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Gill with a response to her request in a manner consistent with the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Patricia C. Gill