William Wilson v. Pelham, Town of (SPR 20250285)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2025 SPR25/0285 Melissa A. Hibbard Town Clerk Records Access Officer Town of Pelham 351 Amherst Road Pelham, MA 01002 Dear Ms. Hibbard: I have received the petition of William Wilson appealing the response of the Town of Pelham (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 31, 2024, Mr. Wilson requested the following: [1.] The complete list of residents and violation or offence supporting documentation, identifying as of July 31, 2024, all properties located in the Town of Pelham, identified by Boards, Committees, civilian complaints and/or town employees, receiving or issuing inspections, letters, offense or violation reports generated, and/or documentation used for verification of reports by the Pelham Zoning Enforcement Officer… [2.] Copies of electronic correspondence, letters, interagency emails, registered mailing documentation and tracking numbers showing status receipt, civilian or Town of Pelham employees or officers, aerial, ground pictures or video dated when taken, to or for use of, verification of property complaints by [a named individual], for violations and/or offences pertaining to the property address of [a specified address]… from 2019 to present… [3.] The list of roll called attendees and identification of Pelham government officials and positions represented, all Board or Committee members, including non-board or committee member’s acting as recorders or other functions that attended, past or present on the date of 4 December 2019 meeting, referencing Buffam Brook Farm and Special Permit approved and issued for the unregistered vehicles at [a specified address]; and, 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

Melissa A. Hibbard SPR25/0285 Page 2 February 7, 2025 [4.] Copies of electronic correspondence, letters, interagency emails written and/or mailed to me by USPS with the registered mailing documentation and tracking numbers showing delivery status, scheduling of, or coordinating for, or notification to reinspect, sent to the property owners by Town of Pelham pertaining to the property address of . . ., as identified in meeting notes per special permit granted for unregistered vehicles granted 4 December 2019, from 2019 to present… The Town provided a response on August 15, 2024, providing a fee estimate. The Town further responded on October 23, and October 24, 2024. Unsatisfied with the responses, Mr. Wilson petitioned this office and this appeal, SPR25/0285, 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, § l0A(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 Responses In its August 15, 2024 response, the Town provided a fee estimate which was paid by Mr. Wilson on October 16, 2024. On October 23, 2024, the Town responded asking if Mr. Wilson wanted to go forward with the request. After Mr. Wilson responded “yes,” the Town sent an additional response on October 24, 2024 stating “Ok, thanks.” Current appeal In his appeal, Mr. Wilson states, “[I] would like to file a complaint against [the Town], for withholding and not providing (4) FOIA, Freedom of information act requests in a timely

Melissa A. Hibbard SPR25/0285 Page 3 February 7, 2025 manner… I have no correspondence regarding requests or notifications of extensions, or reasons as to not fill or complete.” G. L. c. 66, § 10(a) provides that: A records access officer appointed pursuant to section 6A, or a designee, shall at reasonable times and without unreasonable delay permit inspection or furnish a copy of any public record . . . or any segregable portion of a public record, not later than 10 business days following the receipt of the request, provided that . . . (i) the request reasonably describes the public record sought; (ii) the public record is within the possession, custody or control of the agency or municipality that the records access officer serves; and (iii) the records access officer receives payment of a reasonable fee as set forth in subsection (d) G. L. c. 66, § 10(a)(iii) (emphasis added). Where it appears Mr. Wilson has paid the fee to receive the requested records, it is unclear why the Town has not provided the responsive records. 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). 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). Conclusion Accordingly, the Town is ordered to provide Mr. Wilson with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of the 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. Mr. Wilson may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: William Wilson