Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20243014)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 19, 2024 SPR24/3014 Paul Cohen Town Manager Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Mr. Cohen: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 21, 2024, Mr. Mazurczyk requested a “… copy or link to 2024 Annual Town Report.” On October 21, 2024, the Town provided a response. Unsatisfied with the Town’s response, Mr. Mazurczyk petitioned this office, and this appeal, SPR24/3014, was opened as a result. While this appeal was pending, the Town provided Mr. Mazurczyk with a further response dated November 7, 2024. 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

Paul Cohen SPR24/3014 Page 2 November 19, 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 October 21st Response In its October 21, 2024 response, the Town informed Mr. Mazurczyk that the responsive record had not yet been published, but would likely be complete later in the week. Current Appeal In his November 7, 2024 appeal petition, Mr. Mazurczyk objected to the Town’s response on the grounds that the Town did not provide him with a copy of the responsive record upon its completion. Subsequently on November 7, 2024, the Town advised Mr. Mazurczyk that “[t]he Town of Chelmsford’s October 21, 2024 response to [his] public records request was complete and accurate at that time.” The Town also provided Mr. Mazurczyk with a link to the responsive record. Mr. Mazurczyk informed this office that he remained unsatisfied, as it was unclear when the report had been published and his request was “… not registered/filed in [the] Town’s records management system, FoiaDirect.” In an email to this office on November 12, 2024, the Town confirmed that at the time of Mr. Mazurczyk’s October 21st request, it had no responsive records in its custody. The Town further stated that “[a]fter obtaining the electronic file of the Annual Town Report, the Town placed a copy on its website [and] has provided Stanley Mazurczyk with the link to obtain the 2024 Town Report.” Conclusion Accordingly, where the Town has confirmed that the Town has provided Mr. Mazurczyk with the link to obtain the requested 2024 Town Report, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Stanley Mazurczyk