Patrick D. McPhee v. Ashby, Town of - Fire Department (SPR 20240618)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 13, 2024 SPR24/0618 Michael Bussell Fire Chief Record Access Officer Town of Ashby 895 Main Street, Box 4 Ashby, MA 01431 Dear Chief Bussell: I have received the petition of Patrick McPhee appealing the response of the Town of Ashby 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 February 12, 2024, Mr. McPhee requested, “all reports generated from Town of Pepperell (Department Patriot Regional Emergency Communications Center) sent to the Town of Ashby… for the last 60 days (2 months).” The Town responded on February 24, 2024, providing records. Unsatisfied with the response, Mr. McPhee petitioned this office and this appeal, SPR24/0618, 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, § l0A(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

Chief Michael Bussell SPR24/0618 Page 2 March 13, 2024 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 The Department’s Responses In its February 24, 2024 response, the Department provided records and confirmed pick up by Mr. McPhee. After receiving records, Mr. McPhee stated, “this is not the periods I requested. My [request] was 60 Days[.]” On February 26, 2024, the Department stated, “[t]he report was printed on one piece of paper the front and back, and it had 60 days on it.” Subsequent to the opening of this appeal, on February 28, 2024, the Department provided further records. Current appeal In his appeal, Mr. McPhee states, “[t]hey gave me a few records, but for the range of 30 days not 60 days.” On February 28th, in response to the Department’s production of additional records, Mr. McPhee states, “[t]he document [the Department] provided is not legible, code, etc are not readable. Also [the Department’s] information format was not what I expected or requested. I request the same format other towns/dispatch use. Also was told by the State 911, my format information is what is also sent to the State Fire department.” Preferred Format A records access officer must, to the extent feasible, provide public records to a requestor in electronic format unless the record is not available in electronic form or the requestor does not have the ability to receive or access the records in electronic format and if feasible, in the requestor’s preferred format. In the absence of a preferred format, the records must be provided in a searchable machine-readable form. See 950 C.M.R. 32.04(5)(d). Based on Mr. McPhee’s February 28th email, the Department must clarify if it can produce the requested records in the format requested. Conclusion Accordingly, the Department is ordered to provide Mr. McPhee with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this

Chief Michael Bussell SPR24/0618 Page 3 March 13, 2024 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: Patrick McPhee Angela M. Jack