Lisa Coombs v. Methuen, City of (SPR 20230675)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 21, 2023 SPR23/0675 Maggie Duprey Records Access Officer Administration & Finance Department City of Methuen 41 Pleasant Street Methuen, MA 01844 Dear Ms. Duprey: I have received the petition of Lisa Coombs appealing the response of the City of Methuen (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 28, 2023, Ms. Coombs requested the following records: [1] [the City’s] ... policy of private hydrant testing, inspection, and repairing along with a price list of those services; and [2] ... a breakdown of what the miscellaneous line item for the enterprise fund consists of what the total was for each year from 2013-2022 as per the accounting department. The City provided a response on April 6, 2023. Unsatisfied with the response, Ms. Coombs petitioned this office and this appeal, SPR23/0675, 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 town 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 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

Maggie Duprey SPR23/0675 Page 2 April 21, 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). The City’s April 6th response On April 6, 2023, the City stated that “[y]our response date has been extended from 04/11/2023 to 05/05/2023.” Current Appeal In her appeal, Ms. Coombs stated that “…I received an email… from the city’s CAFO informing me that the due date has been extended to May 5, 2023, 18 days past the initial due date delay. The information that I seek should all be electronically available to disseminate in a reasonable timeframe without a delay.” G. L. c. 66, § 10(b)(vi) Pursuant to G. L. c. 66, § 10(b)(vi), a records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided that, for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. Where the City has indicated they intend to provide a response within the allowed statutory timeframe, it is unclear the basis of Ms. Coombs’ appeal. See G. L. c. 66, § 10(b)(vi). Conclusion 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. G. L. c. 66, § 10A (a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Coombs in her appeal petition, I am unable to issue a determination at this time. I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Lisa Coombs