Meghan Perry v. Nantucket, Town of (SPR 20231948)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 5, 2023 SPR23/1948 Maureen Coleman Public Records Compliance Officer Town of Nantucket 16 Broad Street Nantucket, MA 02554 Dear Ms. Coleman: I have received the petition of Meghan Perry appealing the response of the Town of Nantucket (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 26, 2023, Ms. Perry requested the following records [1.] ... a full accounting of all matters involving the Town and all of the Town’s representatives with [identified individuals][;] [2.] ... the list of any and all Town officials, Town employees, Board members, Trust members, committee members, commission members that have had or will have any part in [an identified individual’s] stay on Nantucket, meetings, meals, workgroups, sailing adventures, tours etc.[;] [3.] ... a copy of the contract between the Town and [an identified individual][;] [4.] ... the time and location of any and all meetings with [an identified individual] including but not limited to the workgroup meeting locations and who will be part of the workgroup[;] [5.] ... the correspondence between [identified individuals] with regards to who is paying for expenses for [an identified individual’s] time on Nantucket[.] Previous appeal This request was the subject of a previous appeal. See SPR23/1891 Determination of the Supervisor of Records (August 22, 2023). In my August 22nd determination, I found that the Town had provided Ms. Perry with a response dated August 16, 2023. Unsatisfied with this 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

Maureen Coleman SPR23/1948 Page 2 September 5, 2023 response, Ms. Perry petitioned this office and this appeal, SPR23/1948, was opened as a result. While this appeal was pending, the Town provided a supplemental response on August 22, 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); 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 August 16th response In its August 16, 2023 response, the Town provided Ms. Perry with social media posts, video links, an agenda posting and a narrative that was responsive to her request. The Town’s August 22nd response The Town provided an additional response on August 22, 2023 responding to Ms. Perry’s appeal and stated the following: In response to the above-referenced appeal, the Town has conducted a further diligent review of its records and does not have any further records responsive to this request, other than what was previously provided to Ms. Perry. I understand the Town is not obligated to create records or answer questions in response to a public records request under the Public Records Law, and the Town has provided all records relative to this matter in full transparency. Current appeal In her appeal, Ms. Perry states, “[t]his reply does not fulfill my request. The emails dated June 13, 2023, obtained by way of public records request indicates the use of public funds.”

Maureen Coleman SPR23/1948 Page 3 September 5, 2023 No Duty to Create Records Please be advised, under the Public Records Law the Town is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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). Conclusion Where the Town has provided responsive records in its possession to Ms. Perry, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Perry is not satisfied with the resolution of this administrative appeal, she is advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66 § 10(A)(c). Sincerely, Manza Arthur Supervisor of Records cc: Meghan Perry