Jacquelyn Wehtje v. Fitchburg, City of (SPR 20242412)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 6, 2024 SPR24/2412 Joanne Bilotta-Simeone Records Access Officer City of Fitchburg 718 Main Street Fitchburg, MA 01420 Dear Ms. Bilotta-Simeone: I have received the petition of Jacquelyn 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 8, 2024, Ms. Wehtje requested “memos, correspondence, and any other documents including attachments pertaining to the food and milk inspection function or its personnel between the Health Department and the City Solicitor” from July 1, 2024 to present. Prior Appeal This request was the subject of a prior appeal. See SPR24/2402 Determination of the Supervisor of Records (August 23, 2024). In my August 23rd determination, I learned that the City provided Ms. Wehtje with a response on August 23, 2024. Unsatisfied with the response, Ms. Wehtje petitioned this office and this appeal, SPR24/2412, 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 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

Joanne Bilotta-Simeone SPR24/2412 Page 2 September 6, 2024 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 City’s August 23rd Response In its August 23, 2024 response, the City stated, “[p]lease be advised that, due to the magnitude and difficulty of your 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 16, 2024. Rest assured, we are working diligently to respond to your request in accordance with the Commonwealth’s Public Records Law.” Current Appeal In her appeal, Ms. Wehtje states, “[t]his records request covers basically just two days worth of emails/records and there is no need for a delay.” G. L. c. 66, § 10(b)(vi) Pursuant to G. L. c. 66, § 10(b)(vi), a records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided that, 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. Where the City has indicated they intend to provide a response within the allowed statutory timeframe, 25 business days from the date of the request, the City has until September 13, 2024, to provide a response to Ms. Wehtje’s request. 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 her appeal petition, I am unable to issue a determination at this time. I will consider this administrative appeal closed.

Joanne Bilotta-Simeone SPR24/2412 Page 3 September 6, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Jacquelyn Wehtje