Shawn D. Blankenship v. North Brookfield, Town of (SPR 20243365)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 24, 2024 SPR24/3365 Tara Hayes Town Clerk Town of North Brookfield 215 North Main Street North Brookfield, MA 01535 Dear Ms. Hayes: I have received the petition of Shawn D. Blankenship appealing the response of the Town of North Brookfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 12, 2024, Mr. Blankenship requested the name of “… person who was in position of cable advisory committee in 2014 before resignation.” The Town provided a response on December 16, 2024. Unsatisfied with the response, Mr. Blankenship petitioned this office and this appeal, SPR24/3365, 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. 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

Tara Hayes SPR24/3365 Page 2 December 24, 2024 The Town’s December 16th Response In its December 16, 2024 response, the Town provided a link to its “2014 Annual Report of the Town Officers,” Page 57 of which contained a list of all individuals employed by the Cable Advisory Committee in 2014. The Town informed Mr. Blankenship that it possessed no further records responsive to his request. Current Appeal In his December 16, 2024 petition to this office, Mr. Blankenship characterized the Town’s response as a refusal to provide responsive records, and requested that the Town be compelled to provide responsive records. No Duty to Create Records; Records Available on a Public Website Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). It is also permissible for the custodian of records to provide access to records via a link to a website. See G. L. c. 66, § 6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 950 C.M.R. 32.04 (5)(e) (“A records access officer shall ... to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). Conclusion Accordingly, as all responsive records have been provided, I will now consider this administrative appeal closed. If Mr. Blankenship 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 of Massachusetts. G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Tara Hayes SPR24/3365 Page 3 December 24, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Shawn D. Blankenship