Karen Bartholomew v. Webster, Town of - Town Clerk (SPR 20231466)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 10, 2023 SPR23/1466 Robert T. Craver Town Clerk Town of Webster 350 Main Street Webster, MA 021570 Dear Mr. Craver: I have received the petition of Karen Bartholomew, appealing the response of the Town of Webster (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 8, 2023, Ms. Bartholomew requested, “... copy of all enforcement orders, violation notices, citations and or tickets issued by the Town for the [identified] property [and] ... a copy of the estimate created to determine the cost to remove.” The Town responded on June 16, 2023 and June 20, 2023. Unsatisfied with the responses, Ms. Bartholomew petitioned this office and this appeal, SPR23/1466, 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. Attorney 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

Robert T. Craver SPR23/1466 Page 2 July 10, 2023 The Town’s June 16th and June 20th Responses In its June 16, 2023 response, the Town provided a fee estimate and stated, “[t]o gather all information and quotes asked for in this public request will take approximately 2 hours to complete at a cost of $53.92 (fifty three dollars and ninety-two cents).” In the Town’s June 20, 2023 response, the Town asserted, “... my response does follow all regulations.” Current appeal In her appeal, Ms. Bartholomew advised that she sent payment for the records in accordance with a fee estimate and has not received the records. Based upon a conversation between an attorney of the Public Records Division and a Town representative, the Town confirmed that the responsive records were sent to Ms. Bartholomew. Conclusion Accordingly, where the Town has confirmed that it has produced the responsive records, I will consider this administrative appeal closed. Ms. Bartholomew may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Karen Bartholomew