Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20230994)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 25, 2023 SPR23/0994 Jeanne Parziale Records Access Officer Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Parziale: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 26, 2023, Mr. Mazurczyk requested “all employment/contract records [of an identified individual] since his attached contract expired on June 30, 2021.” On April 27, 2023, the Town responded. Unsatisfied with the Town’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR23/0994, 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. 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

Jeanne Parziale SPR23/0994 Page 2 May 25, 2023 The Town’s April 27th Response In its April 27, 2023 response, the Town states, “[r]egarding your request for public records, the Town of Chelmsford is not in possession of any documents responsive to your request.” Current Appeal In his appeal, Mr. Mazurczyk asserts, “Town response is nonresponsive. It’s unclear what employment arrangement Town has with its manager…since his June 30, 2021 contract expired.” Based on the Town’s response, in conjunction with Mr. Mazurczyk’s appeal, it is unclear if the Town possesses additional records responsive to the request. 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). To the extent that records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Town is ordered to provide Mr. Mazurczyk with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk