Lee Jundanian v. Uxbridge, Town of - Town Clerk (SPR 20232980)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2023 SPR23/2980 Kelly J. Cote, CMC Town Clerk Town of Uxbridge 21 South Main Street Uxbridge, MA 01569 Dear Ms. Cote: I have received the petition of Lee J. Jundanian appealing the response of the Town of Uxbridge (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 28, 2023, Mr. Jundanian requested the following records: [1.] All water connection permits/hooks-ups issued over the last 2 years for the water district in which my property on East and Kempton is located (‘Water Connections Permits’). [2.] In connections with Water Connection Permits, any and all correspondence involving the Town and related parties to such Water Connections Permits including, but not limited to, meeting minutes, emails and other correspondence. The Town responded on November 29, 2023 and December 4, 2023. Unsatisfied with the Town’s responses, Mr. Jundanian petitioned this office and this appeal, SPR23/2980, 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 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

Kelly J. Cote, CMC SPR23/2980 Page 2 December 27, 2023 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. The Town’s November 29th and December 4th responses In the Town’s November 29, 2023 response, the Town advised, “[u]nfortunately, without being provided an address for the house in the picture, we are unable to research whether or not there is a connection... I will have the 2 files you are having an issue with resent.” In the Town’s December 4, 2023 response, the Town stated that it “attached a pdf version of the files you could not open. All information you requested was included in the original request.” The Town further advised: All meeting minutes are available on line at the following link ... All meeting videos are also available. They can be found at ... Subsequently the Town provided a further response on December 18, 2023, in which the Town stated the following: The Town has provided Mr. Jundanian with all responsive records and is under no obligation to answer questions pursuant to the Public Records Law. Mr. Jundanian’s initial request asked for copies of all water connection permits over the last two (2) years in a certain area of Town as well as “any and all correspondence” involving the Town and related parties regarding such permits. The Town promptly performed a diligent search and replied with its responsive records on November 29, 2023, one (1) day after Mr. Jundanian’s initial request. Further, because Mr. Jundanian was unable to open certain responsive files in their native format, the Town on December 4, 2023 converted the .eml e-mail files to .pdf files and sent the same to Mr. Jundanian to ensure accessibility. In further correspondence that day, Mr. Jundanian requested specific meeting minutes at which a water connection permit was allegedly approved at 85 East Street. The Town promptly replied with a link to available minutes and videos of Board of Selectmen meetings.

Kelly J. Cote, CMC SPR23/2980 Page 3 December 27, 2023 Current appeal In his appeal dated December 18, 2023, Mr. Jundanian stated, “[w]hen viewed under the lens of a confluence of black letter law and equity, I am hopeful you would agree with my assessment and reach a decision that is both equitably and legally correct. There is something very wrong with the course the Town has chosen in this matter; I would ask that you not further empower them to continue down a path of unbridled decision-making based on neither logic nor reason. I appreciate your consideration of my request and apologize, in advance, for what is a colossal waste of time, effort and money in a show of muscle flexing.” Upon review, the Town provided a response to Mr. Jundanian’s appeal and converted the .eml e-mail files to .pdf file when Mr. Jundanian was unable to open the files. Further the Town provided a link to available minutes and videos of Board of Selectmen meetings. Consequently, I find that the basis of Ms. Jundanian’s appeal is unclear. Mr. Jundanian is reminded that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Conclusion Accordingly, I am unable to issue a determination at this time. Mr. Jundanian may wish to clarify his specific objections to the Town’s response. Sincerely, Manza Arthur Supervisor of Records cc: Lee J. Jundanian