Sharon Floramo v. Saugus, Town of (SPR 20250289)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 11, 2025 SPR25/0289 Jeanette Meredith Administrative Aide Office of the Town Manager Town of Saugus 298 Central Street, Suite 8 Saugus, MA 01906 Dear Ms. Meredith: I have received the petition of Sharon Floramo appealing the response of the Town of Saugus (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 9, 2025, Ms. Floramo requested, “meeting minutes at the Tuesday, 11/19/2024, 7pm Board of Selectmen Meeting.” The Town responded on January 29, 2025, providing records. Unsatisfied with the response, Ms. Floramo petitioned this office and this appeal, SPR25/0289, 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 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

Jeanette Meredith SPR25/0289 Page 2 February 11, 2025 custodian must provide the responsive records. The Town’s January 29th Response In its January 29, 2025 response, the Town provided records. Current Appeal In her appeal, Ms. Floramo states, “[t]he Board of Selectmen 11/19/24 Meeting Minutes omitted the second half of the Citizens Comment presented by the resident.” 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 Ms. Floramo’s appeal, it is unclear whether the Town possesses additional records responsive to the request. Specifically, it is uncertain whether the Town possesses meeting minutes that contain “the second half of the Citizens Comment.” The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Floramo 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. Sincerely, Manza Arthur Supervisor of Records cc: Sharon Floramo