Beau Barber v. Nantucket, Town of (SPR 20243050)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 21, 2024 SPR24/3050 Maureen Coleman Town Clerk Town of Nantucket 16 Broad Street Nantucket, MA 02554 Dear Ms. Coleman: I have received the petition of Beau Barber appealing the response of the Town of Nantucket (Town) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On September 2, 2024, Mr. Barber requested the following: [1.] All warrants from FYs 2021-2024. Please include all notes and addendums and be sure they are complete. [2.] FYs 23, 24 Stabilization Fund and Reserve Fund ledgers [3.] Emails between [the fire chiefs] FY 23, FY 24 [4.] Emails between [named individuals] FY 23, FY 24 [5.] All requisitions at Nantucket Fire Department with their approval from who approved them FY 23, FY 24 [6.] Purchase order numbers 240016, 240029, 240029, 240020, 230011, 240020, 240014, 240024, 240033, [7.] Please send a report of Vendor 4294. Prior Appeal This request was the subject of a prior appeal. See SPR24/2772 Determination of the Supervisor of Records (October 18, 2024). In my October 18th determination, I found that the Town must provide additional information regarding its fee estimate. The Town provided a response on November 5 and November 12, 2024, providing records. Unsatisfied with the Town’s response, Mr. Barber petitioned this office and this appeal, SPR24/3050, was opened as a result. Subsequent to the opening of this appeal, on November 13, 2024, the Town provided a supplemental response. 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

Maureen Coleman SPR24/3050 Page 2 November 21, 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. 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 Responses In its November 5, 2024 response, the Town provided records and stated, “[t]he following response and attachment was provided by the Finance Department. ‘Reserve Fund usage in FY2024 was a transfer to Solid Waste in the amount of 340,000 PDF attached. Balance in Stabilization is currently 8,183,969.85, at June 30, 2024 there have been no withdrawals, we also transferred $1,000,000 in July of 2024 as authorized by the ATM in May of 2024’[.]” In its November 12, 2024 response, the Town provided additional records and stated, “[p]lease find the requested ‘FY 24 FD, PD, Sewer monthly reports’ attached.” On November 13, 2024, the Town provided further records and stated, “[p]lease find attached, Nantucket Fire Department purchase orders.” Current Appeal In his appeal, Mr. Barber stated, “I was sent monthly reports this morning. I am appealing the withholding of the rest of the records.” In response to the Town’s November 13th production of records, Mr. Barber stated, “the information [the Town] sent is not complete. For the FD 2024 FY Purchase Orders[:] Please provide account numbers for the funds each PO was paid from. Provide as well a legend of each fund so that I may know the name of the fund and the account number. Please provide the dates the purchase order was opened and closed. For the monthly FD reports, please provide revenue

Maureen Coleman SPR24/3050 Page 3 November 21, 2024 for the FY 24 Ambulance fund as well. For the Stabilization and Reserve funds, please fulfill the request as stated above.” Possession, Custody, or Control The Town is advised that 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). Further, in accordance with the Public Records Law, 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). Based on Mr. Barber’s appeal, it is unclear whether the Town possesses additional records responsive to the request. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide a response to Mr. Barber, in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such 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. Sincerely, Manza Arthur Supervisor of Records cc: Beau Barber