Timothy W. Goodrich v. Ipswich, Town of (SPR 20250171)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 22, 2025 SPR25/0171 Emilie Smith Chair Ipswich Finance Committee 25 Green Street Ipswich, MA 01938 Dear Chair Smith: I have received the petition of Timothy W. Goodrich, appealing the response of the Town of Ipswich (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 2, 2024, Mr. Goodrich requested “… all email communications related to MSBA model schools between any member of the School Committee and any member of FINCOM between October 1st, 2024 and November 21st, 2024.” The Town provided a response on December 6, 2024. Unsatisfied with the response, Mr. Goodrich petitioned this office and this appeal, SPR25/0171, was opened as a result. Subsequent to the opening of this appeal, the Town provided a further response on January 21, 2025. 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. 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

Emilie Smith SPR25/0171 Page 2 January 22, 2025 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 6th Response In its December 6, 2024 response, the Town provided all responsive records in the custody of the School Committee and informed Mr. Goodrich that the Finance Committee would be conducting a further search. Current Appeal In his January 21, 2025 petition to this office, Mr. Goodrich claimed that the Town had “… effectively denied [his] request by not forwarding the public records.” In its January 21, 2025 response, the Town confirmed that all responsive records had been provided, and that “… no personal emails were sent between any individuals on the two boards for the dates requested: 10/1-11/21[,] 2024.” No Duty to Create Records 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 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). Conclusion Given that all responsive records have been provided, and this office has no authority to compel the Town to create records, I will now consider this administrative appeal closed. If Mr. Goodrich 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).

Emilie Smith SPR25/0171 Page 3 January 22, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Timothy W. Goodrich Laura Hillery