Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20230442)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 20, 2023 SPR23/0442 Paul E. Cohen Town Manager Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Mr. Cohen: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 12, 2023, referring to a specific Town website, Mr. Mazurczyk requested “emails, communications, Town website personnel received and acted to publish my personal information.” The Town responded on December 22, 2023, providing one responsive record. Unsatisfied with the Town’s response, Mr. Mazurczyk 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 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

Paul E. Cohen SPR23/0442 Page 2 March 20, 2023 custodian must provide the responsive records. Current Appeal In his appeal petition, Mr. Mazurczyk contends that: It’s unclear how my request for action landed on www. [The Town Manager’s] response failed to provide communications with Town website personnel that exposed my personal information (email address). His response is nonresponsive. The Town’s December 22nd Response In its December 22, 2023 response, the Town states that it “is in possession of one document responsive to [the] request,” and provides one responsive email between Town personnel. The Town goes on to explain that the letter referred to by Mr. Mazurczyk “was included in a Select Board meeting packet as a supporting document for an agenda item.” No Duty to Answer Questions Please be advised 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). 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 this case, the Town has provided Mr. Mazurczyk with the record responsive to his request. Conclusion Where the Town has stated that it provided all records responsive to the request, and is not required to answer the questions included with Mr. Mazurczyk’s original request and appeal petition, I will now consider this administrative appeal closed. If Mr. Mazurczyk 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: Stanley Mazurczyk