Melissa Brown v. Plainfield, Town of - Town Clerk (SPR 20233112)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 9, 2024 SPR23/3112 Ruth Osgood Town Clerk Town of Plainfield 304 Main Street Plainfield, MA 01070 Dear Ms. Osgood: I have received the petition of Melissa Brown appealing the response of the Town of Plainfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 31, 2023, Ms. Brown requested “all documents as related to [her] complaint to the Selectboard.” The Town provided a response on November 1, 2023. Unsatisfied with the response, Ms. Brown petitioned this office and this appeal, SPR23/3112, 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. 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. 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

Ruth Osgood SPR23/3112 Page 2 January 9, 2024 The Town’s November 1st response In its November 1, 2023 response, the Town asks Ms. Brown to “please clarify the dates and complaints [she] [is] referring to.” The Town also states that “[i]f an executive session was held those records have not been released.” 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). 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). Where Ms. Brown is requesting a copies of documents related to her complaint to the Select Board, I find it is unclear whether the requested records exist and are in the Town’s possession. The Town must clarify this matter. Further, I encourage the parties to communicate to enable the Town to search for and provide the requested records efficiently and affordably. Conclusion Accordingly, the Town is ordered to provide Ms. Brown with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Melissa Brown