Jack Riemer v. Truro, Town of - Town Clerk (SPR 20232556)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 8, 2023 SPR23/2556 Elisabeth Verde Town Clerk Town of Truro 24 Town Hall Road Truro, MA 02666 Dear Ms. Verde: I have received the petition of John Riemer appealing the response of the Town of Truro (Town) to his request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 28, 2023, Mr. Riemer requested “a copy of [a] voter list in the form made available for pick up by members of the Truro Housing Authority including all phone numbers or other contact information made available to those members” that was referenced at a specific meeting. The Town responded on October 6, 2023. Unsatisfied with the Town’s response, Mr. Riemer appealed and this case, SPR23/2556, 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, § 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 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

Elisabeth Verde SPR23/2556 Page 2 November 8, 2023 custodian must provide the responsive records. The Town’s October 6th response In its October 6, 2023 response, the Town states that “[n]one of the members of the Housing Authority have requested a copy of the voter list, therefore [it] [does] not know what document they handed out at their meeting.” 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). 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). Where Mr. Riemer is requesting a record that was referenced at a meeting of the Town’s Housing Authority, I find it is unclear whether the requested record is in the Town’s possession. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Mr. Riemer with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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: John Riemer