Meghan Perry v. Nantucket, Town of (SPR 20243091)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 26, 2024 SPR24/3091 Maureen Coleman Public Records Compliance Officer Town of Nantucket 16 Broad Street Nantucket, MA 02554 Dear Ms. Coleman: I have received the petition of Meghan Perry 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 August 23, 2024, Ms. Perry requested “… all communication between the Town of Nantucket … and Surfside Crossing … from 8/1/23 until fulfillment.” Previous Appeal This request was the subject of a previous appeal. See SPR24/2966 Determination of the Supervisor of Records (November 7, 2024). In my November 7th determination, I found that the Town provided a supplemental response to Ms. Perry on November 7, 2024. Unsatisfied with the response, Ms. Perry petitioned this office, and this appeal, SPR24/3091, 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 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 SPR24/3091 Page 2 November 26, 2024 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 November 7th Response In its November 7, 2024 response, the Town provided eighteen emails responsive to Ms. Perry’s request. The Town had previously identified approximately 2,000 emails as potentially responsive, but following a review of the records did not provide the requestor with “… nonresponsive newsletters, agendas & minutes and other inadvertently captured emails.” Current Appeal In her November 8, 2024 petition to this office, Ms. Perry states: I was given an email from the public records officer saying 2000 emails were given from IT department … I request that I get all 2000+ emails and any additional emails until this request is fulfilled. Petitions to the Supervisor of Records Ms. Perry is reminded that a requestor may petition the Supervisor of Records (Supervisor) only after a written request has been made to the records access officer (RAO) of the governmental entity that creates or receives the records. 950 C.M.R. 32.01(1). Additionally, the written request must reasonably describe the public records sought. Id. Whereas Ms. Perry’s request for “all 2000+ emails” was not made directly to the Town’s RAO, I decline to opine on that matter. If Ms. Perry would like to obtain copies of these records, Ms. Perry is advised that she should make a separate public records request to the Town’s RAO. Ms. Perry may then appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1); see also Jaideep Chawla v. Dep’t of Revenue, Suffolk. Sup. No. l 784CV02087, at 2. (January 23, 2019) (holding that “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for.”). Timeliness of Production of Records Ms. Perry is further advised that the duty to comply with requests for records extends only 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). Consequently, where the Town has provided the responsive records which were in its possession at the time of Ms. Perry’s August 23rd request, I find that the Town has met its burden in responding to said request.

Maureen Coleman SPR24/3091 Page 3 November 26, 2024 Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Perry 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: Meghan Perry