Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20250161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2025 SPR25/0161 Tricia Dzuris Town Clerk Department Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Dzuris: I have received the petition of Stanley Mazurczyk appealing the nonresponse 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 December 13, 2024, Mr. Mazurczyk requested, “all electronic correspondence/records between Town and Red Mill Graphics regarding 2024 Town Report.” The Town responded on January 8, 2025, providing responsive records. Unsatisfied with the Town’s response, Mr. Mazurczyk appealed, and this case, SPR25/0161, 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 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

Tricia Dzuris SPR25/0161 Page 2 January 29, 2025 Current Appeal In his appeal petition, Mr. Mazurczyk states, “[the] Town responded with attachment in .CSV file format which is not the native communication format Town and merchant used, or I requested.” Pursuant to 950 C.M.R. 32.07(1)(c), “the records access officer shall presume that a requester prefers copies provided in machine-readable electronic form, when electronic form is available, unless the requester specifies an alternative preference.” Also, “the records access officer must provide electronic records in native form when possible.” 950 C.M.R. 32.07(1)(d). In a telephone call with the Town on January 29, 2025, the Town confirmed that the responsive records were provided to Mr. Mazurczyk in their native format. Conclusion Accordingly, where the Town has confirmed the records were delivered in their native format, I will consider this administrative appeal closed. If Mr. Mazurczyk 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: Stanley Mazurczyk