Susan Butler v. Sheffield, Town of - Town Administrator (SPR 20232903)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 14, 2023 SPR23/2903 Rhonda LaBombard Town Administrator Town of Sheffield Town Hall 21 Depot Square Sheffield, MA 01257 Dear Ms. LaBombard: I have received the petition of Susan Butler appealing the response of the Town of Sheffield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 23, 2023, Ms. Butler requested: [1] A copy of the 12 maps that were sent to [. . . Chairperson of the Conservation Commission] for the Scenic Mountain Act by the Berkshire Regional Planning Commission from Jan. 1, 2023 to July 17, 2023. In addition I would like a copy of any map that was sent to you by the Regional Planning Commission for the Scenic Mount Act from July 17, 2023 to August 31, 2023; and, [2] Any written communications and attachments, regarding the Scenic Mountain Act, between the Sheffield Conservation Commission and the Berkshire Regional Planning Commission from Jan. 1, 2023 and Aug. 31, 2023. . . On September 6, 2023, the Town provided Ms. Butler with a response, including one map and three emails from the Berkshire Regional Planning Commission for the Scenic Mountain Act. As a result of the September 6th response, Ms. Butler petitioned this office and this appeal was opened. 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, § 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

Rhonda LaBombard SPR23/2903 Page 2 December 14, 2023 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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. Current Appeal In Ms. Butler’s petition for appeal, she indicates that she did not receive copies of the following: [1] Copy of [an identified individual’s] February 27, 2023 map that was described in . . . February 27, 2023 email as being attached to the email; [2] Copies of six maps sent to . . . by . . . on the following dates: February 28, 2023, March 1, 2023, April 3, 2023, July 13, 2023, July 17, 2023 and August 22, 2023; [3] Copies of all emails sent to . . . by . . . from January 1, 2023 to August 31, 2023. There were approximately 23 emails (I have copies that I can mail to you, if you need them). In addition, Ms. Butler states, “[t]he reason that I am aware that these site maps and 23 (approximately) emails should have been part of the Sheffield Conservation Commission’s [r]ecord is that on August 15, 2023 Berkshire Regional Planning Commission sent them to me in response to my public records request, Regional Planning [a]lso sent me 5 maps they had sent to . . . on February 3, 2021. It is important to note that I had requested under [p]ublic [r]ecords a copy of these same 2021 maps, 5 of them, on August 8, 2023. [An identified individual’s] response of August 15, 2023 was a map sent by Regional Planning on July 17, 2023[.] She did not send me copies of the 5 2021 maps. Of interest is that on September 30, 2023 [an identified individual] requested . . . a copy of all maps and emails he had sent to me in the last few months …” Subsequent to the opening of this appeal, the Town provided Ms. Butler with supplemental responses on December 4, 2023 and December 5, 2023. Accordingly, I will now consider this administrative appeal closed. Ms. Butler may appeal the substantive nature of the Town’s responses within ninety (90) days. See 950 C.M.R. 32.08(1).

Rhonda LaBombard SPR23/2903 Page 3 December 14, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Susan Butler