James Wheelock v. Milford, Town of - Town Administrator (SPR 20222016)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 14, 2022 SPR22/2016 Richard A. Villani Town Administrator Town of Milford 52 Main Street, Room #11 Milford, MA 01757 Dear Mr. Villani: I have received the petition of James Wheelock appealing the response of the Town of Milford (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 25, 2022, Mr. Wheelock requested “…documentation formalizing how and when [Sacred Heart] [C]hurch was granted use of this land, that’s what I’m looking for. The church school has been closed for many years now, when will the [T]own ask the church to remove their fencing on public land, 42-0-357?” On June 22, 2022, the Town provided Mr. Wheelock with thirteen (13) pages of records in response to Mr. Wheelock’s request. As a result of the records received, on September 2, 2022, Mr. Wheelock petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his September 2nd petition, Mr. Wheelock indicates the records provided are almost entirely unrelated to his May 25th request. Further, Mr. Wheelock asserts, “[a] Select Board member was a longtime member of the church school committee during the time in question and would very likely know specific details related to my request.” 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) (written response must “identify 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

Richard A. Villani SPR22/2016 Page 2 September 14, 2022 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). 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. Based upon Mr. Wheelock’s September 2nd petition, and the Town’s provision of the records, it is unclear whether the Town has the specific information or records responsive to Mr. Wheelock’s May 25th request. The Town must clarify whether it is in possession of the specific information and/or records requested. The Town must clarify this issue. I also encourage the parties to continue to communicate to resolve the issue(s) involved in Mr. Wheelock’s request and in this appeal. Conclusion Accordingly, the Town is ordered to provide Mr. Wheelock with a response to his request in a manner consistent with this order, 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: James Wheelock