Jacquelyn Wehtje v. Fitchburg, City of (SPR 20242351)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 26, 2024 SPR24/2351 Joanna Bilotta-Simeone City Clerk City of Fitchburg 718 Main Street Fitchburg, MA 01420 Dear Ms. Bilotta-Simeone: I have received the petition of Jacqueline Wehtje appealing the response of the City of Fitchburg (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 6, 2024, Ms. Wehtje requested “… all documents from June 2024 pertaining to … [a named individual’s] records request … [and] ‘Ag Comm and tax taking parcel’ …” On August 20, 2024, the City responded. Unsatisfied with the City’s response, Ms. Wehtje petitioned this office, and this appeal, SPR24/2351, 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. Att’y 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. 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

Joanna Bilotta-Simeone SPR24/2351 Page 2 August 26, 2024 The City’s August 20th Response In its August 20, 2024 response, the City stated, “… due to the magnitude and difficulty of [the] request, the City is unable to search for compile, reproduce, and if necessary, redact and/or segregate the responsive documents within the statutory 10-business-day timeframe. Therefore, pursuant to G.L. c. 66, §10(b)(vi), the City is extending said timeframe by 15 business days – making the new due date for the City’s response September 12, 2024.” Current Appeal In her August 20, 2024 petition, Ms. Wehtje stated, “[t]he information has already been compiled and sent to [a named individual], and it simply needs to be forwarded to me. [The named individual’s] records request was fulfilled in three days … [t]herefore I do not feel an extension is necessary.” Where the City has indicated that it intends to provide a response within the allowed statutory timeframe, it is unclear the basis of Ms. Wehtje’s appeal. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Wehtje in the appeal petition, I am unable to issue a determination at this time. If issues remain once Ms. Wehtje receives the response she may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jacqueline Wehtje