Katherine A. Connolly v. Holbrook, Town of - Town Clerk (SPR 20250252)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 6, 2025 SPR25/0252 Jeanmarie Tarara Records Access Officer Town of Holbrook 50 North Franklin Street Holbrook, MA 02343 Dear Ms. Tarara: I have received the petition of Katherine Connolly appealing the response of the Town of Holbrook (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 14, 2025, Ms. Connolly requested “all Town of Holbrook employees, including the school department and HCAM employees. Please provide this information requested, Departmental Wage Reports, showing employee names, position, regular, overtime and additional pay.” The Town responded on January 22, and January 23, 2025, providing records. Unsatisfied with the responses, Ms. Connolly petitioned this office and this appeal, SPR25/0252, 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. 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

Jeanmarie Tarara SPR25/0252 Page 2 February 6, 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 Responses In its January 22, 2025 response, the Town provided records. In response to the January 22nd production of records, Ms. Connolly stated, “the HCAM salary information is still missing.” In its January 23, 2025 response, the Town stated, “[t]he PEG Fund is a dedicated fund used to support public, educational, and governmental access programming. The funds are collected through franchise fees from cable providers and are restricted in their use for HCAM- related expenses, such as equipment, production costs, and operational needs. While HCAM operates as a PEG Enterprise Fund of the Town of Holbrook, its revenue and expenses are not processed through the town’s general operational budget or payroll system. Instead, the funds are collected into the enterprise fund and released on a quarterly basis as payments made directly to HCAM.” Current Appeal In her appeal, Ms. Connolly states, “[t]he town provided salary records for town & school employees, but has failed to provide 2025 salary records for HCAM.” Possession, Custody, or Control The Town is advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the Town’s responses, it is unclear whether the Town possesses additional records responsive to the request. Specifically, it is uncertain whether the Town possesses the “2025 salary records for HCAM.” The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Connolly with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us.

Jeanmarie Tarara SPR25/0252 Page 3 February 6, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Katherine Connolly