Amanda Alix v. Shutesbury, Town of (SPR 20230920)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 16, 2023 SPR23/0920 Grace Bannasch Town Clerk Town of Shutesbury P.O. Box 264 Shutesbury, MA 01072 Dear Ms. Bannasch: I have received the petition of Amanda Alix appealing the response of the Town of Shutesbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2023, Ms. Alix requested: [1] Emails and attachments sent between 1/2/23 and 3/28/23 to [Town] officials/employees from the Franklin Regional Retirement System regarding the 3/28/23 Select Board Meeting agenda item, Franklin County Retirement Request for Vote on additional 2% allocation to Retirees, including full headers; and, [2] Emails and attachments sent between 1/2/23 and 3/28/23 to and from [Town] officials/employees, regarding the above issue, including full headers. The Town provided Ms. Alix with records responsive to her April 7th request; however, in a May 5th, email petition to the Supervisor of Records (Supervisor), Ms. Alix indicated she did not receive all the emails from the Town. As a result, this appeal was opened. In her May 5th email, Ms. Alix specifically states, “[t]he two outstanding document requests are: -Email(s) from Dale Kowacki, Franklin County Retirement Board, sent in early March reminding municipal Select Boards/Town Officials of the 2% COLA issue; and -Email(s) from Town Official(s) notifying the [Town’s] Finance Committee of the 2% COLA issue and of the Select Board meeting of 3/28/23.” 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

Grace Bannasch SPR23/0920 Page 2 May 16, 2023 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 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). 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. Subsequent to the opening of this appeal, on May 8, 2023, the Town provided the outstanding email records to Ms. Alix. As a result, in a May 8th email, Ms. Alix informed this office, “I now consider this matter resolved.” Conclusion Accordingly, where Ms. Alix has received all the records responsive to her April 7, 2023 request, I consider this appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Amanda Alix