Allison Sloan v. Middleton, Town of - Town Clerk (SPR 20222283)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 24, 2022 SPR22/2283 Ilene Twiss Town Clerk Town of Middleton 48 South Main Street Middleton, MA 01949 Dear Ms. Twiss: I have received the petition of Allison Sloan appealing the response of the Town of Middleton (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 14, 2022, Ms. Sloan requested “all phone, email, texts and notes or written notes and letters, related to the Library Board of Trustees from June 1, 2021 and ongoing,” and provided a list of individuals and key search words. On June 17, 2022, Ms. Sloan provided a narrowed request. On July 21, 2022, Ms. Sloan requested “phone, email and texts related to the Middleton Flint Library Board of Trustees from March 15, 2022 through June 15, 2022 for records from” a specifically named individual, including key search words. The Town provided responses on July 20, 2022 and August 2, 2022. Unsatisfied with the Town’s responses, Ms. Sloan petitioned this office and this appeal, SPR22/2283, 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. 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. 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

Ilene Twiss SPR22/2283 Page 2 October 24, 2022 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 her appeal petition, Ms. Sloan contends that the Town’s “responses were incomplete.” Specifically, she notes one individual “didn’t report any conversations or emails or texts on election issues” and that other individuals “had conversations or emails that were not reported in their responses based on conversations and actions between them at the August 9, 2022 Flint Library Board Meeting.” The Town’s Responses In its July 20, 2022 and August 2, 2022 responses, the provides numerous responsive records. Records in Existence; Possession, Custody, or Control Please note 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). 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). However, 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). In telephone conversations with this office on October 12, and October 17, 2022, the Town explained that it has conferred with all the individuals named in the request, and has confirmed that the Town does not possess any additional responsive records. Conclusion Where the Town confirmed that it does not possess additional records responsive to Ms. Sloan’s request, I will now consider this administrative appeal closed. If Ms. Sloan is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Ilene Twiss SPR22/2283 Page 3 October 24, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Allison Sloan