Steven R. Drury v. Templeton, Town of - Town Administrator (SPR 20230309)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 28, 2023 SPR23/0309 Adam Lamontagne Town Administrator Town of Templeton Town Hall, Room 6 East Templeton, MA 01438 Dear Mr. Lamontagne: I have received the petition of Steven R. Drury appealing the response of the Town of Templeton (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 8, 2022, Mr. Drury submitted the following request: [A]ll documents as to: the required bonding for all town employees holding the employee title as follows: law state I request then for starting with year 2018, 19, 20, 21 ‐ 2022 I required also all the “invoice” as to “all payments render” for each BOND for each employee. All cancel recipes unredacted, as matter of public record, below is the listing of such laws and employees, title 1 for managers templeton municipal light and water please Provide current BONDING and past as said herein this is required by law under Chapter 41 SEC 35, mgl c 30 . SEC 18, c 41 SEC 109a for managers Templeton munic[i]pal light and water, and 2 ed. Town Clerk MGL C 41 sec 13 3ed Town Treasurer MGL chapter 41 sec 35 4th town assistant treasure MGL 41 39A any temporary town officer MGL 41 section 40 [sic] Previous Appeals This request was the subject of previous appeals. See SPR22/2873 Determination of the Supervisor of Records (December 29, 2022) and SPR23/0052 Determination of the Supervisor of Records (January 24, 2023). In my January 24th determination, I found that the Town had met its burden to provide a reasonable fee estimate to Mr. Drury. Subsequently, Mr. Drury sent a money 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

Adam Lamontagne SPR23/0309 Page 2 February 28, 2023 order to the Town on January 31, 2023, and the Town responded on February 2, 2023. Unsatisfied with the Town’s response, Mr. Drury appealed, and this case 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. 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 February 2nd Response In its February 2, 2023 response, the Town explains that payment for the records “is to be made payable to Templeton Light & Water. The postal money order [Mr. Drury] sent was made payable to the Town of Templeton.” The Town goes on to explain that “Templeton Light & Water are a separate entity with their own accounts and as such any payment for records from them must be made payable to them. [The Town] is assisting in combining [the] request for [Mr. Drury’s] convenience.” The Town also indicates that it does “not certify records” provided to Mr. Drury when completing his request. Current Appeal In his appeal petition, Mr. Drury contends that he “was refuse and payment was sent back and it only address the light and water not treasury or town clerk bonds.” Further, he questions “why should the fee not be to the town.” In subsequent correspondence to this office, Mr. Drury contends that “the municipal light and water is not a separate entity.” In other emails to this office, he further questions “why would he not provide the document for clerk and treasury ? frankly the fee is understood to only be for the light department in conclusion 60 ,00 is for them he state but the request is must come though the town.” In other documents included with his appeal petition, Mr. Drury also requests that all documents provided to him “be attest[ed] to be true and be certif[ied].”

Adam Lamontagne SPR23/0309 Page 3 February 28, 2023 In a telephone conversation with this office on February 3, 2023, Mr. Drury reiterated his arguments discussed above, contending that his payment should be made payable to the “Town of Templeton” rather than “Templeton Light & Water,” and that the Town must “certify” the records being provided to him. Conclusion Please note that, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Drury in his appeal petition, I am unable to issue a determination at this time. This office encourages Mr. Drury to communicate directly with the Town in order to arrange payment for and receipt of the records responsive to his request. Mr. Drury may then describe his specific objections to the Town’s response. Accordingly, I will consider this administrative appeal closed. If Mr. Drury 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). Sincerely, Manza Arthur Supervisor of Records cc: Steven R. Drury