Mary Lanzillo v. Dracut, Town of - Town Manager (SPR 20231525)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 18, 2023 SPR23/1525 Ann Vandal Town Manager Town of Dracut 62 Arlington Street Dracut, MA 01826 Dear Ms. Vandal: I have received the petition of Mary Lanzillo appealing the response of the Town of Dracut (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2023, Ms. Lanzillo requested: [1] The memo to . . ., Town Manager, from . . . , Community Development Director, dated May 1, 2019. The subject was Fleur de Lis Club; [2] The letter sent to Club Fleur de Lis from the Dracut Board of Selectman dated January 28, 1976; and [3] The letter sent to . . . from Town Manager . . . dated July 3, 2002. In a June 14, 2023 email, the Town provided Ms. Lanzillo with the requested records. After receipt of the records, Ms. Lanzillo sent an email to the Town stating, “[t]hank you for getting these documents to me. Is it possible to get the attachments that were sent with the letters as well?” In an email on June 14, 2023, Ms. Vandal informed Ms. Lanzillo, “[h]ello. Unfortunately, we do not have any such attachment. It appears that the original letter included it, but we do not have the original with a signature, so most likely they did not make a copy of the letter and just sent it out.” As a result of the Town’s June 14th response, Ms. Lanzillo petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition, Ms. Lanzillo asserts, [t]he Town states that they do not have copies of the attachments for the letters requested. Shouldn’t they have such documents, and I should be entitled to see them?” 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

Ann Vandal SPR23/1525 Page 2 July 18, 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. Based on the Town’s June 14th response, it is unclear how the Town does not have copies of the requested attachments and whether it conducted a diligent search of all the Town’s departments. 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). The Town must clarify these matters. Conclusion Accordingly, the Town is ordered to provide Ms. Lanzillo with a response to her request in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Mary Lanzillo