Anonymous Requester v. Ipswich, Town of (SPR 20232978)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 26, 2023 SPR23/2978 Amy S. Akell Town Clerk Town of Ipswich 25 Green Street Ipswich, MA 01938 Dear Ms. Akell: I have received the petition of an anonymous requestor appealing the response of the Town of Ipswich (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 16, 2023, the requestor requested “any and all credit cards issued to SB, members, admin., receipts last 2 months.” The Town responded on December 11, 2023, providing numerous responsive records. Unsatisfied with the Town’s response, and claiming the Town possesses additional responsive records, the requestor appealed, and this case 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. 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. 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

Amy S. Akell SPR23/2978 Page 2 December 26, 2023 The Town’s December 11th Response In its December 11, 2023 response, the Town provides numerous responsive records, including spreadsheets, bank statements, invoices, receipts, and correspondence with vendors. In the appeal petition, the requestor indicates that they believe the Town possesses additional records and reiterate that they are “requesting all credit card receipts issued to Board members staff, and administration which would include the city manager.” Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Additionally, 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). In a telephone conversation with this office on December 14, 2023, a representative for the Town confirmed that the Town does not possess additional responsive records. Specifically, the Town has only one credit card responsive to the request, and the Town provided all responsive billing information to the requestor. Conclusion Where the Town confirmed that it does not possess additional records responsive to this request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: anonymous requestor (by email)