Susan Delmolino v. Hadley, Town of - Town Clerk (SPR 20240857)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 2, 2024 SPR24/0857 Jessica Spanknebel Town Clerk Town of Hadley 100 Middle Street Hadley, MA 01035 Dear Ms. Spanknebel: I have received the petition of Susan Delmolino appealing the response of the Town of Hadley (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 9, 2024, Ms. Delmolino requested the following “records from the February 9, 2024 Select Board Meeting, as listed on the agenda[:]” [1] Revised Public Comment Policy; [2] Charter Cable Renewal Contract; [3] Massachusetts Municipal Association – Updated Select Board Handbook; [4] The original bid proposals for the softball field from Omasta and Mountainview; [5] Personnel Contract Renewals and Compensatory Memorandum Approvals for the Chief of Police, Building Inspector, Police Lieutenants, and Dispatch Supervisor; [6] The Town Administrator’s report; and, [7] The contract for the Russell School work – the name of the company awarded the contract was garbled on YouTube and there was no detail in the TA report. Prior Appeal This request was the subject of a prior appeal. See SPR24/0542 Determination of the Supervisor of Records (March 5, 2024). In my March 5th determination, I found that it was unclear if the Town possessed additional records responsive to the request. The Town provided a response on March 20, 2024. Unsatisfied with the Town’s response, Ms. Delmolino petitioned this office, and this appeal was opened as a result. 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

Jessica Spanknebel SPR24/0857 Page 2 April 2, 2024 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 custodian must provide the responsive records. The Town’s March 20th Response On March 20, 2024, the Town provided Ms. Delmolino with additional documents responsive to her request. Current Appeal In her appeal, Ms. Delmolino states, “I am appreciative that I now have the bid docs, albeit late, but I believe the documents were withheld without cause in the first place, despite [the Town]’s explanation. The bid docs that I had requested had been opened at the time of the request, despite [the Town]’s statement to the contrary. Furthermore, the Select Board had awarded the contract for that bid the day before my request. Opened and awarded, they should have been released when I asked… The goal of this appeal is to clarify what are public records and how they get released upon request. I believe the Town was in error in their initial denial…” Upon review, on March 20, 2024, the Town provided Ms. Delmolino with the information she sought. As such, I find that the basis of Ms. Delmolino’s appeal is unclear. Ms. Delmolino is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Conclusion Accordingly, I will consider this administrative appeal closed. Ms. Delmolino may wish to clarify her specific objections to the Town’s March 20th response within 90 days. See 950 C.M.R. 32.08(1).

Jessica Spanknebel SPR24/0857 Page 3 April 2, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Susan Delmolino