Kari Scytkowski v. South Hadley, Town of - Fire District (SPR 20230305)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 2, 2023 SPR23/0305 Terie B. Fleury Town of South Hadley Fire District 144 Newton Street South Hadley, MA 01075 Dear Ms. Fleury: I have received the petition of Kari Scytkowski appealing the response of the Town of South Hadley – Fire District (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 25, 2023, Ms. Scytkowski requested “… a copy of the Budget Spreadsheet that was used at the Prudential Committee meeting on January 24, 2023.” Prior Appeal The requested record was the subject of a prior appeal. Claiming to not yet have received the requested record, Ms. Scytkowski petitioned this office and the prior appeal, SPR23/0273, was opened as a result. Subsequently, this Office learned that the Town provided Ms. Scytkowski with a response dated February 13, 2023, and the appeal was closed. See SPR23/0273 Determination of the Supervisor of Records (February 13, 2023). Unsatisfied with the Town’s response, Ms. Scytkowski petitioned this office and this appeal, SPR23/0305, 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 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

Terie B. Fleury SPR23/0305 Page 2 March 2, 2023 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). Current appeal In her appeal petition, Ms. Scytkowski asserts, “I wish to appeal the response given to me by the Clerk/Treasurer, Terie Fleury of [the Town’s] Fire District…I do not believe I was given the correct document. I am seeking the Spreadsheet [B]udget document that was used at the last Prudential Committee meeting that was held on January 24, 2023.” Subsequently, I learned that the Town provided Ms. Scytowski and this Office with a February 21, 2023 response via email, including the correct copy of the Excel Spreadsheet Budget document that was used at the Prudential Committee meeting on January 24, 2023. . . .” Based upon the Town’s response and production of the requested report, I find that the Town has met its burden in responding to this request. Conclusion Accordingly, where the Town has provided Ms. Scytowski with the responsive record, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Kari Scytkowski