Russ Williston v. Lancaster, Town of - Finance Committee (SPR 20231826)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 17, 2023 SPR23/1826 Cheryl Gariepy Finance Director Town of Lancaster 701 Main Street Lancaster, MA 01523 Dear Ms. Gariepy: I have received the petition of Russ Williston appealing the response of the Town of Lancaster (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 21, 2023, Mr. Williston requested “a copy of the FY2023 Actuals spreadsheet the finance committee looked at this week.” Following further correspondence, the Town responded on August 7, 2023, providing a copy of a July 25, 2023 memorandum. Unsatisfied with the Town’s response. Mr. Williston appealed, and this case was opened as a result. Subsequent to the opening of this appeal, in a letter to this office and Mr. Williston on August 8, 2023, the Town provided a supplemental response. 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. 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

Cheryl Gariepy SPR23/1826 Page 2 August 17, 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 Responses In its August 7, 2023 response, the Town provides a copy of a memorandum dated July 25, 2023. In his appeal petition, Mr. Williston explains that “at their July 19th Meeting the Lancaster Finance Committee held a meeting via Zoom. [The] Town Finance Director ... displayed and scrolled through a spreadsheet showing FY2023 ‘Actual’ expenses for the Town of Lancaster, and the committee discussed them at length.” Mr. Williston goes on to contend that “as it’s only a spreadsheet of factual information and was finalized enough to present and discuss at their 7/21 meeting, it should be a public record available upon request.” In a letter to this office and Mr. Williston on August 8, 2023, the Town indicates that at the Finance Committee Meeting, the Finance Director shared her computer screen with the Committee, and further explains the following: The screen showed a fragment of [the] software systems’ worksheet that contained the daily balances and some ... personal notes relative to a projected year-end budget-to-actual analysis which were not visible on screen. Nothing was distributed to the Board. The Chair, as has been the practice, announced prior to allowing [the] screen-share that what was to be shown did not constitute a final report. Again, nothing was distributed as this was merely a visual aid for the Board as they discussed the possibilities for the Town’s free cash balances. In a subsequent email to this office and the Town on August 8, 2023, Mr. Williston provides a screenshot from a recorded meeting displaying the specific excel spreadsheet he is seeking. Subsequently, in an email the same day, the Town explained that the screenshot shows “an export to excel from that day.” The Town is 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, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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). Based on the Town’s response and subsequent correspondence, where the Town has indicated that it exported data to the excel spreadsheet displayed at the Finance Committee meeting, it is unclear whether the Town possesses the specific excel spreadsheet that Mr. Williston is seeking. The Town must clarify this.

Cheryl Gariepy SPR23/1826 Page 3 August 17, 2023 Conclusion Accordingly, the Town is ordered to provide Mr. Williston with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Russ Williston