Eric J. Heideman v. Saugus, Town of (SPR 20242709)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 10, 2024 SPR24/2709 Jeannette Meredith Administrative Aide Office of the Town Manager Town of Saugus 298 Central Street Saugus, MA 01906 Dear Ms. Meredith: I have received the petition of Eric J. Heideman appealing the response of the Town of Saugus (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 12, 2024, Mr. Heideman requested “… a copy of the original agreement that was amended in 2020 and would have been between JRM Hauling and Recycling Services, Inc. and the Town of Saugus.” On September 26, 2024, the Town responded. Unsatisfied with the Town’s responses, Mr. Heideman petitioned this office, and this appeal, SPR24/2709, 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. 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

Jeannette Meredith SPR24/2709 Page 2 October 10, 2024 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 September 26th Responses In its initial September 26, 2024 response, the Town requested “… an extension on [Mr. Heideman’s] request to obtain the information pertaining to JRM & Republic for an additional 10 days …” Mr. Heideman replied that he was “… not willing to accept a 10-day deadline extension.” Subsequently, the Town explained that “[d]ue to the difficulty of complying with [Mr. Heideman’s] request, … the Town of Saugus is unable to complete this within the timeframe …” The Town further clarified that it was “… not withholding the records under an exemption, but under [M.G.L. c. 66 § 10(b)(vi)] the Town intends to provide responsive records within 25 days from receipt of the request.” Current Appeal In his September 27, 2024 appeal petition, Mr. Heideman again objected to the timing of the Town’s response, given “… the simplicity of [his] request.” Where the Town indicated in its September 26th responses that it intended to provide a response within the allowed statutory timeframe, it is unclear the basis of Mr. Heideman’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 Mr. Heideman in the appeal petition, I am unable to issue a determination at this time. If issues remain once Mr. Heideman receives the response, or if the Town fails to provide a response within the statutory timeframe, he may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1).

Jeannette Meredith SPR24/2709 Page 3 October 10, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Eric J. Heideman Michelle Wendell