Mary Vendice v. Millis, Town of - Office of the Town Clerk (SPR 20242820)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2024 SPR24/2820 Karen Bouret DeMarzo Assistant Town Administrator Town of Millis 900 Main Street Millis, MA 02054 Dear Ms. Bouret DeMarzo: I have received the petition of Mary Vendice appealing the response of the Town of Millis (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 22, 2024, Ms. Vendice requested, “a list of single family property addresses in the Town of Millis that are exempt from sewer use fees.” The Town responded on September 3, 2024, providing records responsive to the request. Unsatisfied with the Town’s response, Ms. Vendice petitioned this office and this appeal, SPR24/2820, 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

Karen Bouret DeMarzo SPR24/2820 Page 2 October 23, 2024 The Town’s September 3rd Response In its September 3, 2024 response, the Town provided records responsive to the request. In its response, the Town states, “[h]ere is a list of all active accounts as of last billing. I do not have the ability to run a report with addresses for just water accounts without sewer, and we have no accounts that are exempt of any fees.” Current Appeal In her appeal petition, Ms. Vendice states, “[the Town indicates] they are unable to split accounts for homeowners who have sewer [plus] water, from homes/accounts who solely pay a town water bill. I made this same FOIA request to Medway, Medfield Franklin and Bellingham; all towns responded within 10 days and delivered the requested info in excel format.” In a telephone call between a staff attorney of the Public Records Division and the Town on October 15, 2024, the Town confirmed that it provided all records responsive to the request. Conclusion Where the Town confirmed that it does not possess additional records responsive to Ms. Vendice’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Vendice is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Mary Vendice