Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20231962)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 7, 2023 SPR23/1962 Jeanne Parziale Record Access Officer Human Resources Department Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Parziale: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 26, 2023, Mr. Mazurczyk stated: Please provide HR info, [1] Copies of complaints your office received against Town of Chelmsford employees since January 1, 2020. [2] Copies of responses to those complaints your office produced since January 1, 2020. [3] Number of employees who didn’t receive a pay raise because of a complaint against them since January 1, 2020, year by year. [4] Number of employees terminated as a result of complaints since January 1, 2020, year by year. Previous Appeal This request was the subject of a previous appeal. See SPR23/0892 Determination of the Supervisor of Records (May 17, 2023). In my May 17th determination, I ordered the Town to provide Mr. Mazurczyk with a response to his request. On May 24, 2023, the Town responded. Unsatisfied with the Town’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR23/1962, was opened as a result. 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

Jeanne Parziale SPR23/1962 Page 2 September 7, 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. 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. The Town’s May 24th Response In its May 24, 2023 response, the Town states, “[t]he Town of Chelmsford is not in possession of any documents responsive to this request.” Current Appeal In his appeal, Mr. Mazurczyk asserts: [1] It’s unclear if requested documents exist but the Town is not in their possession. [2] Attached Civilian Complaint #1694 and #1726 are against Town employees, police officers. It’s unclear why these complaints aren’t recorded with the Human Resources (HR) office. [3] It’s unclear if the Town HR office has established process/procedure to receive and record complaints. [4] It’s unclear why complaints addressed to Town Manager and/or Select Board aren’t referred to HR office and filed/recorded. In a conversation between a Town representative and a staff member in this office, the Town representative confirmed that the Town does not possess any records responsive to Mr. Mazurczyk’s request. No Duty to Create Records Please be advised, under the Public Records Law a custodian 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. Att’y 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

Jeanne Parziale SPR23/1962 Page 3 September 7, 2023 custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Where the Town confirmed that it has no responsive records in its possession, I find that Mr. Mazurczyk’s appeal regarding the April 26th request is resolved. Conclusion Where the Town does not possess any records responsive to Mr. Mazurczyk’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Mazurczyk’s is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b). Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk