Allison Jenkins v. Reading, Town of - Town Clerk (SPR 20232730)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 22, 2023 SPR23/2730 Matthew A. Kraunelis, Esq. Assistant Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Dear Attorney Kraunelis: I have received the petition of Allison Jenkins appealing the response of the Town of Reading (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2023, Ms. Jenkins requested the following records: [1.] ... a copy of the Regina Ryan investigation done in 2022. [2.] ... a copy of the file that has the premium pay paid to employees from the ARPA fund. Prior Appeals The requested records were the subject of prior appeals. See SPR23/1424 Determination of the Supervisor of Records (July 6, 2023) and SPR23/1552 Determination of the Supervisor of Records (July 18, 2023). The Town responded on July 31, 2023. Unsatisfied with the response, Ms. Jenkins petitioned this office and this appeal, SPR23/2730, 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. 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

Matthew A. Kraunelis, Esq. SPR23/2730 Page 2 November 22, 2023 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. Current Petition In her petition dated November 8, 2023, Ms. Jenkins petitioned this office to appeal the Town’s July 31, 2023 response. The Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety calendar days of the date of the request letter, or within ninety calendar days of the date of a written response from the record custodian. See 950 C.M.R. 32.08(1)(d); 950 C.M.R. 32.08(1)(e). The petition is requesting the appeal of the Town’s July 31, 2023 response, which exceeds the ninety day limit. Ms. Jenkins may make a new request to the Town for the same information. The Town would then have ten business days in which to respond to the new request. G. L. c. 66, § l0(a)- (b). If the Town denies your request or fails to respond within ten business days, you may appeal to this office within the above timeframe. At that time this office will review the matter. Sincerely, Manza Arthur Supervisor of Records cc: Allison Jenkins