Maureen Flynn v. Lexington, Town of (SPR 20230019)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 20, 2023 SPR23/0019 James Malloy Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Dear Mr. Malloy: I have received the petition of Maureen Flynn appealing the response of the Town of Lexington (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 4, 2023, Ms. Flynn requested “…records 2019-present for the carnival provided by Fiesta Shows aka Dean & Flynn and services provided by the [Town’s] Police Department for details/services to include requests, invoices and payment information.” On January 5, 2023, the Town provided a response, which included certain records. Claiming to not have received records responsive to her request, Ms. Flynn petitioned this office and this appeal, SPR23/0019, 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) (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). 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 Malloy SPR23/0019 Page 2 January 20, 2023 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 January 5th response In its January 5, 2023 response, the Town provided two attachments, including, a “Detail Invoice Report for all invoices for the Lions Club 2019 thru 2022”, and a copy of the “Payment Ledger for all invoices 2019-2022.” Current appeal In her January 5th petition, Ms. Flynn asserts, “[i]nstead of providing me with the records, they provided a report generated today, 1/5/2023, and when [I] pointed that out, the [T]own [M]anager . . . advised that [I] contact you. I asked for and would like to be provided the records [I] requested and not a report generated [January 5, 2023].” On January 5th, the Town Clerk responded to Ms. Flynn, “[y]our original request stated that you would like information for details/services to include requests, invoices and payment information. . . .Would you kindly follow-up with specific details/examples as to what you were requesting?” A request for records must reasonably describe the records sought. See G. L. c. 66, § 10(a)(i). In Chawla, the Superior court found that under the Public Records Law “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” See Jaideep Chawla v. Dept of Revenue, Suffolk. Sup. No. 1784CV02087, at 2. (January 23, 2019). Where, the Town asked Ms. Flynn to clarify and provide the particular records she is seeking, I encourage both Ms. Flynn and the Town to continue to communicate so that the particular records Ms. Flynn is seeking may be provided both efficiently and economically. See G. L. c. 66, § 10(b)(vii). 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). Conclusion Accordingly, the Town is ordered to provide Ms. Flynn with a response to her 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.

James Malloy SPR23/0019 Page 3 January 20, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Maureen Flynn