Meghan Perry v. Nantucket, Town of (SPR 20232986)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 26, 2023 SPR23/2986 Maureen Coleman Town Clerk Town of Nantucket 16 Broad Street Nantucket, MA 02554 Dear Ms. Coleman: I have received the petition of Meghan Perry appealing the response of the Town of Nantucket (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 29, 2023, Ms. Perry queried: [1] Who requested [an identified person’s] water usage information from [the Wannacomet [W]ater [C]ommissioners (WWC) for the past three years? [2] Who received the request for the [identified person’s] water usage information? [3] Who provided the request for the [identified person’s] water usage information? And, [4] Who received the [identified person’s] water usage information? The information was brought up, reviewed and referenced multiple times at two different public meeting/hearing. On November 30, 2023, the Town Clerk provided a response, stating, “. . . [w]e do not have responsive records for your request.” As a result of the Town’s November 30th response, Ms. Perry petitioned the Supervisor of Records, 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 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

Maureen Coleman SPR23/2986 Page 2 December 26, 2023 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) (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 her December 12, 2023 petition, “I’m wondering if [your office] could help me in appealing a [Public Records Request] … It is for information that has been discussed at three different public meetings and or hearings. The [Town] has not provided the documentation …” Prior to requesting the information from the Town, Ms. Perry states, “I also asked for this information at the [WWC] meeting in which the board and department head said they could provide me the information. That meeting was in early November and to date I have not received the information and the department has stopped responding to my emails.” Ms. Perry is advised that this appeal only pertains to the request sent to the Town. If Ms. Perry seeks to appeal the WWC’s lack of response, she should petition this office for an appeal regarding the request to the WWC. Ms. Perry is advised, that under the Public Records Law, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). If Ms. Perry is seeking actual documents, she can make a request for those records. Conclusion Accordingly, where the Town is not required to answer questions, I will consider this administrative appeal closed.

Maureen Coleman SPR23/2986 Page 3 December 26, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Meghan Perry