Geraldine Mullaly v. Swansea, Town of - Town Clerk (SPR 20243187)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 6, 2024 SPR24/3187 Diane Pelland Town Clerk Town of Swansea 81 Main Street Swansea, MA 02777 Dear Ms. Pelland: I have received the petition of Geraldine Mullaly appealing the response of the Town of Swansea (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 5, 2024, Ms. Mullaly requested the following records: [1] By-Law, local ordinance, municipal regulation identifying which Town Board supervises/authorized the Tree Warden to cut, trim, and/or remove public shade trees[;] [2] Notice of the time(s) and place(s) of public hearing(s) relevant to cutting, trimming, and/or removing the public shade trees highlighted[;] [3] Description of size, type and location of the shade tree to be cut down or removed[;] [4] Locations of two or more public places where notice(s) of hearing(s) were posted[;] [5] Name of local newspaper(s) in which notice was published[;] [6] FY2024 and FY2025 condition of accounts funding source for posting/publishing notice(s) of hearing(s)[;] [7] Minutes/packets/correspondence for each public hearing for which discussion, approval, denial, transfer of funds, etc. occurred/was recorded. 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

Diane Pelland SPR24/3187 Page 2 December 6, 2024 The Town responded on November 6, 2024. Unsatisfied with the Town’s response, Ms. Mullaly petitioned this office and this appeal, SPR24/3187, 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. Attorney 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 December 2nd Response In its December 2, 2024 response, the Town states they are not required to respond to repetitive requests with respect to item #1 and there are no records responsive with respect to items #2 to 7. Current Appeal In her appeal petition, Ms. Mullaly contends that: [M]r. John Hansen is not the Town of Swansea’s RAO. I question his authority to interact/deny/respond to the appeal titled SPR24/3187. I appeal the Authority of Mr. Hansen to deny/respond to my public records request appeal as his actions do not adhere to the language of the aforementioned chapters of M.G.L. Please note that, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Mullaly in her appeal petition, I am unable to issue a determination at this time.

Diane Pelland SPR24/3187 Page 3 December 6, 2024 Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Geraldine Mullaly