Zucchini Marsupial v. Townsend, Town of - Town Clerk (SPR 20250992)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 15, 2025 SPR25/0992 Kathleen Spofford Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Ms. Spofford: I have received the petition of Zucchini Marsupial (requestor) appealing the response of the Town of Townsend (Town) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 26, 2025, the requestor sought the following records for the period of January 1, 2020 to March 26, 2025: [1] [A] detailed breakdown of all legal fees incurred by the Town that are related to any Select Board actions, lawsuits, complaints, or ethics inquires involving [an identified individual][;] [2] [D]ocumentation that identifies the nature of the matter, the date(s) of service, the law firm or attorney involved, the amount billed, and the amount paid by the Town[;] [3] [I]nclud[ing] whether [an identified individual] was required to pay any fines, forfeit any property or other possessions, obligations to provide community service under plea agreement, or other monetary or non-monetary penalties. The Town provided a response on March 25, 2025. Unsatisfied with the Town’s response, the requestor petitioned this office and this appeal, SPR25/0992, 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 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

Kathleen Spofford SPR25/0992 Page 2 April 15, 2025 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. See 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. See 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 March 26th Response In its March 26, 2025 response, the Town stated, “… the request has been forwarded to the appropriate authority.” Current Appeal In the requestor’s April 11, 2025 petition to this office, the requestor stated, “[s]hortly after submission [of the request], I received an acknowledgment from [the] Town Clerk confirming receipt and indicating the request had been forwarded to the ‘appropriate authority.’ However … I have received no response [since] …” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi).

Kathleen Spofford SPR25/0992 Page 3 April 15, 2025 Where the requestor submitted the request on March 26, 2025, and the Town has not provided the responsive records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the Town must provide an estimated date as to when it intends to complete its review and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. Conclusion Accordingly, the Town is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. The requestor 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: Zucchini Marsupial