Christian Tobin v. Dalton, Town of - Fire District (SPR 20242867)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 31, 2024 SPR24/2867 Melanie Roucoulet Clerk Dalton Fire District 20 Flansburg Avenue Dalton, MA 01226 Dear Ms. Roucoulet: I have received the petition of Christian Tobin appealing the response of the Dalton Fire District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 31, 2024, Mr. Tobin requested the following: [1] All documents utilized by the accountant in determining the fire department’s fiscal year 2024 debt of $183,084.00. [2] All fire department credit card statements from July 1, 2022, through July 1, 2024. [3] All fire department expenditure records from July 1, 2022, through July 1, 2024. [4] All records of fire department overtime expenditures for fiscal year 2023. [5] All pay stubs issued to [a named individual], a former employee. [6] All District audio recordings of monthly, executive, or special meetings for the Board of Water Commissioners from July 1, 2022, through July 30, 2024. On August 13, 2024, Mr. Tobin amended his request and additionally sought the following: [7] All emails sent or received by [a named individual] involving any representative of the District’s accounting firm concerning the fiscal year 2024 debt mentioned in request #1. [8] All emails sent or received by [a named individual] with any elected official of the District from July 1, 2022, through July 30, 2024. [9] All records of District Fire Explorers under the age of 18 who responded with or on a fire department ambulance or apparatus, including the incident run reports from July 1, 2022, through July 30, 2024. 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

Melanie Roucoulet SPR24/2867 Page 2 October 31, 2024 [10] All pay stubs issued to [a named individual] from her hire date through July 30, 2024. [11] All District credit card statements for the Water Superintendent and Treasurer/Clerk from July 1, 2022, through July 30, 2024. In his appeal petition on August 29, 2024, Mr. Tobin narrowed his request and stated the following: [T]o facilitate a more expedient and cost-effective process, I am narrowing my request to the following documents: [a.] Documents related to the Fire Department Fiscal Year 2023 Debt (as originally requested). [b.] Credit Card Statements for the Fire Department (as originally requested). Prior Appeal The request was the subject of a prior appeal. See SPR24/2465 Determination of the Supervisor of Records (September 11, 2024). In my September 11th determination, I found that as Mr. Tobin appears to have modified the scope of his request in his appeal petition, I found it unnecessary to opine on the District’s fee estimate to his July 31st and August 13th requests. The District responded on September 16, 2024. Unsatisfied with the District’s response, Mr. Tobin petitioned this office and this appeal, SPR24/2867, 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.

Melanie Roucoulet SPR24/2867 Page 3 October 31, 2024 The District’s September 16th Response In its September 16, 2024 response, the District stated, “I would like to see if we can decline this request based on the fact that his last request which took a lot of time and effort was never picked up due to the amount of the cost.” Current Appeal In his appeal, Mr. Tobin states, “I would like to receive these records without cost per Public Records Law.” Based on the District’s response, it is unclear if the District possesses any records responsive to the request. 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). 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). The Districtt must clarify whether it possesses records responsive to the request. Conclusion Accordingly, the District is ordered to provide Mr. Tobin with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of the 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. Mr. Tobin may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christian Tobin