Russ Williston v. Lancaster, Town of - Finance Committee (SPR 20231943)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 6, 2023 SPR23/1943 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.” Previous Appeal This request was the subject of a previous appeal. See SPR23/1826 Determination of the Supervisor of Records (August 17, 2023). In my August 17th determination, I ordered the Town to clarify whether it possesses the specific record that Mr. Williston is seeking. Subsequently, the Town responded on August 21, 2023, confirming it does not possess the spreadsheet described in Mr. Williston’s request. 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 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 SPR23/1943 Page 2 September 6, 2023 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Current Appeal In his appeal petition, Mr. Williston contends the following: Computer files and database records are public records like any other and can be requested; the town asserts that it was created by their software package so the town is [sic] clearly has that data and is capable of supplying a spreadsheet of FY23 Actual Expenses. The Town’s August 21st Response In its August 21, 2023 response, the Town states that “the Town does not possess the record which [Mr. Williston] seek[s].” Additionally, the Town explains “that should [Mr. Williston] wish to view the data as it was seen that evening, [he] could do so via the meeting recording,” available via the Town’s website. Additionally, in its earlier August 7, 2023 response, the Town provided a memorandum described as “an overview which highlights what [the Finance Director] had reported to the Finance Committee and was given to the Select Board on 7/25/23.” Records in Existence Please be 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). Additionally, 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). Further, 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). In a telephone conference with this office on August 23, 2023, the Town confirmed that it does not possesses the record responsive to Mr. Williston’s request. Specifically, the Town explained that no file was created and that what was viewed during the July 18, 2023 meeting was a live view of the Town’s accounting software in excel format. In this case, the Town has confirmed that the specific record Mr. Williston requested does not exist, and has also used its superior knowledge of the records in order to provide Mr. Williston with the information he is seeking. Consequently, I find that the Town has met its burden in responding to this request.

Cheryl Gariepy SPR23/1943 Page 3 September 6, 2023 Conclusion Where the Town confirmed that it does not possess additional records responsive to Mr. Williston’s request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Russ Williston