Michael Lafleur v. Webster, Town of - Town Clerk (SPR 20240393)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2024 SPR24/0393 Robert T. Craver Town Clerk Town of Webster 350 Main Street Webster, MA 01570 Dear Mr. Craver: I have received the petition of Michael A. Lafleur, Esq., of Troutman Pepper, appealing the response of the Town of Webster (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 17, 2024 Attorney Lafleur made a public records request and on January 18, 2024, Attorney Lafleur modified the request for the following records: [1.] Copies of all written or electronic communications to or from [an identified individual] and any member of the Board of Selectmen that pertains to the process that resulted in the selection of [an identified individual] as .... [2.] Copies of non-exempt minutes from all Town public meetings from January 1, 2021, to the present date at which the hiring of Town Administrator..;. was discussed, or Town Administrator ... present employment contract was discussed, including open and executive session minutes. [3.] Copies of all contract(s) between [an identified individual] and the Town or any officer or employee of the Town, including the Board of Selectmen. [4.] Copies of all contract(s) between the entity NFP and the Town or any officer or employee of the Town, including the Board of Selectmen. [5.] Copies of non-exempt minutes from all Town public meetings to the date of your response at which contracts with or involving [an identified individual] or the entity NFP were discussed, including open and executive session minutes. [6.] Copies of written or electronic communications to or from [an identified individual] involving any officer or employee of the Town, including but not limited to the Board of Selectmen and the Town Administrator. [7.] Copies of any presentations or other materials concerning the Massachusetts Strategic Health Group made or received by any officer or employee of the Town, including the Board of Selectmen. 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

Robert T. Craver SPR24/0393 Page 2 February 20, 2024 On January 29, 2024, the Town responded. Unsatisfied with the Town’s response, Attorney LaFleur petitioned this office and this appeal, SPR24/0393 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. The Town’s January 29th Response In its January 29, 2024 response, the Town advised that “... the information you requested is still be[ing] gathered. Due to vacation schedules, confirming any communication exists between parties. I anticipate that we will be able to forward you a complete response by the end of this week.” Current Appeal In his appeal, Attorney Lafleur states, “I have received no further communication from the Town of Webster. Nor has the Town of Webster produced any public records.” Provide timeframe G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes

Robert T. Craver SPR24/0393 Page 3 February 20, 2024 set forth herein. G. L. c. 66, § 10(b)(vi). Where Attorney Lafleur’s modified request was originally submitted on January 18, 2024 and the Town has not provided responsive records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Town must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. Conclusion Accordingly, the Town is ordered to provide Attorney Lafleur with a response to his 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. Attorney Lafleur may appeal the substantive nature of the Town’s response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael A. Lafleur, Esq.