Katherine A. Connolly v. Holbrook, Town of - Town Clerk (SPR 20222346)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 26, 2022 SPR22/2346 Jeanmarie Tarara Town Clerk Town of Holbrook 50 North Franklin Street Holbrook, MA 02340 Dear Ms. Tarara: I have received the petition of Katherine A. Connolly 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 August 25, 2022, Ms. Connolly requested “…copies of Extension Notices …with the Town of Holbrook and the Holbrook Meadows Recreation Park LLC pursuant to the lease agreement dated March 19, 2013.” Prior Appeal This request was the subject of a previous appeal. See SPR22/2256 Determination of the Supervisor of Records (October 17, 2022). The Town responded on October 5, 2022. Unsatisfied with the Town’s response, Ms. Connolly petitioned this office and this appeal, SPR22/2346, 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, § l0A(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 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

Jeanmarie Tarara SPR22/2346 Page 2 October 26, 2022 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 The Town’s October 5th Response In its October 5, 2022 response, the Town states, “[t]he Town does not have any documents that we can locate that are responsive to your request.” Current Appeal In her appeal, Ms. Connolly states: It my opinion this email from Mr. Hanley is non responsive to my request. There must be documents, public documents, in the Town’s possession regarding either the extension of termination of the lease of the town owned landfill on Maple Avenue by Holbrook Meadows Recreation LLC. A legal lease of town owned land simply doesn’t end, there must be legal documents, letters from the Tenant’s or the Town’s attorneys documenting the extension or termination of the lease of the town landfill. The Town must also have letters from the Mass DEP to the Town regarding the proposed project on the town landfill. Based on the above and the Town’s response, it is unclear if the Town possesses any records responsive to the request. 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). The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Connolly with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Katherine A. Connolly