George and Jen Burden v. Lunenburg, Town of (SPR 20231463)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 10, 2023 SPR23/1463 Heather R. Lemieux Town Manager Town of Lunenburg 17 Main Street, P. O. Box 135 Lunenburg, MA 01462 Dear Ms. Lemieux: I have received the petition of George Burden appealing the response of the Town of Lunenburg (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 4, 2023, Mr. Burden requested three categories of records involving three named individuals. The Town responded on June 22, 2023, providing responsive records. Unsatisfied with the Town’s response, Mr. Burden 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. The Town’s June 26th Response In its June 26, 2023 response, the Town provides approximately 23 pages of unredacted 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

Heather R. Lemieux SPR23/1463 Page 2 July 10, 2023 records. In his appeal petition, Mr. Burden contends that he is “aware of emails ... which have not been provided.” Records in Existence 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In a telephone conversation with this office on June 26, 2023, a representative for the Town confirmed that the Town has searched its records and does not possess any additional records responsive to the request. Conclusion Where the Town confirmed that it does not possess additional records responsive to Mr. Burden’s request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: George Burden