Anna Eliot v. Groton, Town of - Town Clerk (SPR 20240215)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2024 SPR24/0215 Dawn Dunbar Town Clerk Records Access Officer Town of Groton 173 Main Street Groton, MA 01450 Dear Ms. Dunbar: I have received the petition of Anna Eliot appealing the response of the Town of Groton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 24, 2024, Mr. Eliot requested “the recording of the Park commission meeting that took place on June 6, 2023.” The Town responded on January 24, 2024, stating that the “recording is not a public record” and providing a copy of the meeting minutes. Unsatisfied with the Town’s response, Ms. Eliot 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. 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. 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 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

Dawn Dunbar SPR24/0215 Page 2 February 7, 2024 custodian must provide the responsive records. The Town’s January 24th Response In its January 24, 2024 response, the Town provides a copy of the responsive meeting minutes, and states that Ms. Eliot “specifically requested a recording of a Park Commission Meeting that took place on June 6, 2023, which was recorded by the then Park Administrator ... on her personal cell phone for her individual use in assisting with the completion of the meeting minutes.” The Town goes on to argue “that this recording is not a public record, for the reasons stated above, and therefore [the Town] will not be able to fulfill [Ms. Eliot’s] request.” Possession, Custody, or Control The Town is 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). Additionally, public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). Based on the Town’s January 24th response, it is unclear whether the Town possesses the recording responsive to Ms. Eliot’s request. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Ms. Eliot 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Anna Eliot