Anthony Raffaele v. Templeton, Town of - Town Administrator (SPR 20230467)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2023 SPR23/0467 Adam D. Lamontagne, MPA, MCPPO Town Administrator Town of Templeton Town Hall, Room 6 P.O. Box 620, 160 Patriots Road East Templeton, MA 01438 Dear Mr. Lamontagne: I have received the petition of Anthony Raffaele appealing the response of the Town of Templeton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 23, 2023, Mr. Raffaele querried: [1] How wide in distance measured wide feet does public way or public street named River Street Templeton Ma, as indicate by your town public records [2] How long in distance measured in length does public way or public street named is River Street Templeton Ma. as indicated by your public records The Town provided a response on March 7, 2023. Unsatisfied with the Town’s response, Mr. Raffaele petitioned this office and this appeal, SPR23/0467, 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(d)(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 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 D. Lamontagne, MPA, MCPPO SPR23/0467 Page 2 March 17, 2023 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). 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 March 7th Response In its March 7, 2023 response, the Town stated, “[a]fter careful review of the request, I do not see any documents requested ... your request pertains to asking for measurements of River Street. As stated above, we are not required to answer questions, nor to provide a service to answer questions.” No Duty to Create Records Please be advised, under the Public Records Law the Town is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). 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). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, 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). Conclusion Accordingly, where the Town has no duty to answer questions or create records responsive to the request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Joshua Raffaele