Mary Dormer v. Carver, Town of - Town Clerk (SPR 20231628)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 26, 2023 SPR23/1628 Michelle Sheehan Records Clerk Town of Carver Carver Town Hall 3 Center Street Carver, MA 02330 Dear Ms. Sheehan: I have received the petition of Mary Dormer appealing the response of the Town of Carver (Town) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On May 31, 2023, Ms. Dormer requested the following records: [1.] [C]opies of the following records and accounting of all fees collected by the Recreation Department for the use of all Carver fields for any use by the public from 2018 to the present. This should include, but is not limited to all fees collected for Town of Carver Sponsored Programs, Carver Based Youth Sports & Non-Profits, Non-Profit Organizations outside of Carver, all For-Profit Organizations, regardless of location, summer camps and programs, donations to any Carver based non-profits, such as but not limited to Shane Give Thanks. [2.] ... an accounting of all overhead expenses, such as, but not limited to the purchase of sports equipment for Carver based youth sports & Non-profits, facility maintenance, contractor fees and the like. [3.] ... an accounting of any monies given to the recreation department from the State and tax-payer funded community preservation act. The Town provided a response on June 5, 2023. Unsatisfied with the Town’s response, Ms. Dormer petitioned this office and this appeal, SPR23/1628, 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 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

Michelle Sheehan SPR23/1628 Page 2 July 26, 2023 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. 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. The Town’s June 5th response In its June 5, 2023 response, the Town provided Ms. Dormer with “…a listing of revenues deposited and expenditures made” and advised her to contact the Parks & Recreation director for more information. Current appeal In her appeal, Ms. Dormer states the following: The attached emails are all I received from the town. They include documents that were sent to me from [Town representative], but they are detailed and do not show me how the CPA funds were used, which would probably come from the Community Preservation Committee or the Recreation Department. Based on Ms. Dormer’s appeal and the Town’s response, 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). 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). Consequently, the Town must clarify whether additional records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Dormer with a response to the request, provided 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 this response to this office at pre@sec.state.ma.us. Ms.

Michelle Sheehan SPR23/1628 Page 3 July 26, 2023 Dormer may appeal the substantive nature of the Town’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mary Dormer