Steven J. Good v. Marshfield, Town of - Town Administrator (SPR 20241333)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 15, 2024 SPR24/1333 Michael A. Maresco Town Administrator Town of Marshfield 870 Moraine Street Marshfield, MA 02050 Dear Mr. Maresco: I have received the petition of Steven J. Good appealing the response of the Town of Marshfield (Town) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 22, 2024, Mr. Good requested: [A]ny and all information regarding [an identified address], Marshfield, MA across all town boards and commissions, including all town employees and contractors. Specifically, we request any emails, photographs, internal and external communications, plans, charts, maps, town data associated with the parcel, meeting notes and minutes and any site visit dates and information regarding the purpose of the visit. We request this information between 01/01/2022, approximately 5 months before the property was publicly listed for sale, through the date that the information is returned to the requester. The Town provided a response on April 5, 2024, indicating it would require additional time to respond. Unsatisfied with the Town’s response, Mr. Good petitioned this office and this appeal, SPR24/1333, was opened as a result. Subsequent to the opening of this appeal, and based on Mr. Good’s email correspondence to this office on May 10, 2024, it is my understanding that the Town provided a supplemental response to Mr. Good. 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, § 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

Michael A. Maresco SPR24/1333 Page 2 May 15, 2024 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See 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. See 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 April 5th Response In its April 5, 2024 response, the Town stated that Mr. Good’s request was “put on hold due to a request for a ten day extension of time to review materials requested.” Current Appeal In an email to this office on May 10, 2024, Mr. Good stated that the Town provided “an incomplete response.” Specifically, Mr. Good stated: The documents provided fall well short of the total number of documents [the RAO] originally advised he was in possession of, which was his reasoning for an extension request… The documents clearly indicate that there are numerous attachments referencing this property, yet many of these attachments have not been provided. Records in Existence; Possession, Custody, or Control 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, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the information provided in Mr. Good’s May 10th email, it is unclear if the Town possesses any additional records responsive to the request. If the Town does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or

Michael A. Maresco SPR24/1333 Page 3 May 15, 2024 exemptions upon which the withholding is based”). Conclusion Accordingly, the Town is ordered to provide Mr. Good with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Steven J. Good