Jamie Munchbach v. Weymouth, Town of - Town Clerk (SPR 20240486)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 28, 2024 SPR24/0486 Marsha Geronaitis Town of Weymouth – Legal Department 75 Middle Street Weymouth, MA 02189 Dear Ms. Geronaitis: I have received the petition of Jamie Munchbach appealing the response of the Weymouth Fire Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 26, 2024, Ms. Munchbach requested “...all data that supports the monitoring and controls of ALI data levered for EMS purposes regarding the events on 6/15 at [an identified location].” Prior Appeal The requested records were the subject of a prior appeal. See SPR2/0284 Determination of the Supervisor of Records (February 12, 2024). In my February 12th Determination, I found that it was unclear if the Department possesses any records responsive to the request. The Department responded on February 12, 2024. Unsatisfied with the response, Ms. Munchbach petitioned this office and this appeal, SPR24/0486, was opened as a result. Subsequently, the Department provided a supplemental response on February 16, 2024, which Ms. Munchbach contested. 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. 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

Marsha Geronaitis SPR24/0486 Page 2 February 28, 2024 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. The Department’s February 12th and February 16th responses In its February 12, 2024 response, the Department provided numerous documents and stated that, “... the Town does not possess any further documentation regarding this incident. As for Ms. Munchbach’s inquiry to ANI/ALI data- WFD is not fire-based EMS and therefore does not receive this data. WFD has informed the requestor of this fact. There is nothing further that the Town can provide.” In its February 16, 2024 response, the Department asserted, “[t]he Town of Weymouth is in receipt of subject appeal. The statements made in this appeal are allegations and questions that do not require any further response from the Town. All requested documentation requested and subject to various related appeals relative to an incident involving the requestor on or about June 15, 2022, have been released by both the WPD and WFD. All requested contract documents with exhibits for the Town’s EMS Services have also been sent to the requestor. The Town is not in possession, nor can it provide anything further regarding this matter.” Current appeal In her appeal, Ms. Munchbach stated, “I am asking for assistance in obtaining a response from the Weymouth Fire Department, who closed my request for a lack of understanding without fulfilling the request. Per the town contract I am asking to obtain any relevant documentation that ensures compliance with the town contract in the events.” In her February 16th appeal, Ms. Munchbach states, “[h]ysterical allegations they are facts based on the towns own documentation/public records or facts of what their vender provided to a state investigator to mitigate liability, so if they are allegations then the town has more than just this issue and is committing fraud intentionally which is the true fact of this matter.” No Duty to Create Records Please be advised, under the Public Records Law the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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).

Marsha Geronaitis SPR24/0486 Page 3 February 28, 2024 Conclusion Accordingly, where the Department has provided requested records and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Ms. Munchbach is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Jamie Munchbach