Craig Metz v. Blackstone, Town of (SPR 20250311)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2025 SPR25/0311 Sherlene Hernandez Administrative Assistant Town of Blackstone 15 St. Paul Street Blackstone, MA 01504 Dear Ms. Hernandez: I have received the petition of Craig Metz appealing the response of the Town of Blackstone (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 10, 2025, Mr. Metz requested, “copies of all electronic sewer bills for the property located at [a specified location in] Blackstone, Massachusetts from March 1, 2011, to the present date.” The Town responded on January 16, 2025 and January 28, 2025. Unsatisfied with the Town’s response, Mr. Metz petitioned this office and this appeal, SPR25/0311, was opened as a result. After this appeal was opened, the Town provided a supplemental response on February 6, 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. 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. 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

Sherlene Hernandez SPR25/0311 Page 2 February 12, 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 January 16th, January 28th and February 6th Responses In its January 16, 2025 response, the Town states, “unfortunately they are not able to provide the invoices. The spreadsheet is the only document they can provide.” The Town provided Mr. Metz with the spreadsheet mentioned above. In its January 28, 2025 response, the Town states, “I have reached out to DPW and the Town Collector/Treasurer to provide me with the information you need and unfortunately, they cannot provide me with the invoice because they do not exist. I was informed that the invoices are created by a third party and that’s why we as a Town don’t have access to provide them.” In its February 6, 2025 response, the Town states: On February 3, I met with Mr. Metz in an attempt to reach a resolution. During our discussion, I reiterated that the Town does not have copies of the requested bills. I explained that the bills are created by a third-party provider using our accounting data, then mailed directly to residents. At no point does the Town or the billing processor retain copies of these invoices. I offered Mr. Metz all available data used to generate the bills, but he stated that he requires the actual invoices and that the provided data was not acceptable. The Town does not possess the records being requested. If we did, we would have provided them in compliance with Massachusetts Public Records laws. Current Appeal In his appeal petition, Mr. Metz states: The Town of Blackstone has effectively denied my request for public records (sewer invoices) by asserting an inability to provide them while offering only a spreadsheet that does not fulfill the scope of my request…. The Town’s explanation (that the invoices are generated by a third-party vendor) is insufficient. The Town is obligated to obtain these records or provide a valid legal justification for non-disclosure. Outsourcing does not absolve the Town of its responsibilities under the Public Records Law…. The Town of Blackstone’s denial of my request may constitute a violation of the Massachusetts Public Records Law (M.G.L. c. 66, § 10), which grants the public broad access to government records. The Town has no valid exemptions under M.G.L. c. 66, § 10 that would justify the denial of my request…. They haven’t provided the requested information and haven’t even explained what steps, if any, they are taking to get it.

Sherlene Hernandez SPR25/0311 Page 3 February 12, 2025 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). Additionally, 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). Agency Relationship The Town is advised that where a public entity contracts with a third party to fulfill its public duties, and the public entity exercises control over that third party, an agency relationship is created. See Fifty-one Hispanic Residents of Chelsea v. School Committee of Chelsea, 421 Mass. 598, 607 (1996) (while subject to control of a public entity as a principal for purposes of performing public duties, private university is a public agent). Wherever a record custodian keeps original public records in a location other than the government building, the custodian has a duty to make the public records available in a location convenient to the general public for inspection and copying. Based on the Town’s responses, it is unclear whether the records of the Town’s agents were searched. As such, I find that the Town must provide additional information detailing their search in order to determine if the Town has met its burden under G. L. c. 66, § 10(a)(ii) to provide records that are in the possession, custody, or control of the custodian of records at the time of the request. Records Management Public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). For further guidance in records management and retention, the Town may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Training workshops on records management are conducted upon request. Where the Town indicates that “[a]t no point does the Town or the billing processor retain copies of these invoices…” I find that the Town must demonstrate whether it followed proper records retention protocol. See G. L. c. 66, §§ 1, 8, 13, 15. I advise the Town to review the records retention materials available online at www.sec.state.ma.us/arc/arcrmu/rmuidx.htm. Conclusion Accordingly, the Town is ordered to provide Mr. Metz with a response to his 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.

Sherlene Hernandez SPR25/0311 Page 4 February 12, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Craig Metz