Christopher Falco v. Rockland, Town of - Town Clerk (SPR 20242249)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 20, 2024 SPR24/2249 Liza Landy Town Clerk/Records Access Officer Town of Rockland 242 Union Street Rockland, MA 02370 Dear Ms. Landy: I have received the petition of Christopher Falco appealing the response of the Town of Rockland (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 24, 2024, Mr. Falco requested, “Legal Residential Addresses” of sixteen named “current or past Town of Rockland Employees and/or Board Members.” The Town provided a response on August 8, 2024, providing a record. Unsatisfied with the response, Mr. Falco petitioned this office and this appeal, SPR24/2249, 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. 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 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

Liza Landy SPR24/2249 Page 2 August 20, 2024 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 August 8th Response In its August 8, 2024 response, the Town provided a record and stated, “[a]ttached please find the Town of Rockland’s Annual Street Listing which includes names and addresses for all employees and committee members that are Rockland Residents. For those individuals who are not residents, the Town Clerk’s Office will accept service of the delivery of court papers.” Current Appeal In his appeal, Mr. Falco states, “[t]he response is deficient. The town provided a 244- page document that is an annual street listing of the Town of Rockland and only for a list of residents in the Town. This is also only assuming the employee requested is a resident of the Town of Rockland. Many of the employees on this requested list are not residents of Rockland.” Possession, Custody, or Control The Town is advised that 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). Further, in accordance with the Public Records Law, 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 Mr. Falco’s appeal, it is unclear whether the Town possesses additional records responsive to the request. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Mr. Falco 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: Christopher Falco