Geraldine Mullaly v. Swansea, Town of - Advisory & Finance Committee (SPR 20231767)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Town Manza Arthur Supervisor of Records August 14, 2023 SPR23/1767 Diane Pelland Town Clerk Town of Swansea, MA 81 Main Street Swansea, MA 02777 Dear Ms. Pelland: I have received the petition of Geraldine Mullaly appealing the response of the Town of Swansea (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 13, 2023, Ms. Mullaly requested, “the minutes/list of documents/other exhibits for the Advisory and Finance Committee Meetings dated 04/26/2023, 05/15/2023, and 06/14/2023.” The Town provided a response on July 17, 2023. Unsatisfied with the response, Ms. Mullaly petitioned this office and this appeal, SPR23/1767, 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, § l0A(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. If there are any fees associated with a response a written, good faith estimate must be 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

Diane Pelland SPR23/1767 Page 2 August 14, 2023 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 July 17th Response In its July 17, 2023 response, the Town sent a message to another Town representative and stated, “Ms. Mullaly is also asking, in addition to the minutes, the list of documents presented at your meeting and other exhibits presented at each meeting.” Current appeal In her appeal, Ms. Mullaly states: To date, I have acquired the 05/15/2023, Minutes. I have yet to receive the following: [1] 04/26/2023 Minutes/documents/exhibits, [2] 05/15/2023 Budget material referenced in these Meeting Minutes SofRight [3] General Ledger Accounting documents/A&F Committee Excel Spreadsheets/Ant handout delivered by department head and others [4] 06/14/2023 Minutes/documents/exhibits[.] In light of the appeal made by Ms. Mullaly, it is unclear if the Town possesses additional records that may be 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 responsive 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). Conclusion Accordingly, the Town is ordered to provide Ms. Mullaly with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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. Sincerely, Manza Arthur Supervisor of Records cc: Geraldine Mullaly