Celeste Hedequist v. Wellesley, Town of - Town Clerk (SPR 20251018)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2025 SPR25/1018 K.C. Kato Town Clerk Town of Wellesley 525 Washington Street, First Floor Wellesley, MA 02482 Dear Ms. Kato: I have received the petition of Celeste Hedequist appealing the response of the Town of Wellesley (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 2, 2025, Ms. Hedequist requested: [T]he documents referenced below, including but not limited to: any and all documents to which [an identified individual] refers to in her [September 30, 2024 memo] regarding NTOs on children during the time period mentioned in the original request below (but as the request explicitly indicates specifically between the individuals mentioned). The Town provided a response on April 11, 2025. Unsatisfied with the response, Ms. Hedequist petitioned this office and this appeal, SPR25/1018, 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 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

K.C. Kato SPR25/1018 Page 2 April 23, 2025 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 April 11th Response In its April 11, 2025 response, the Town informed Ms. Hedequist that it was unable to identify what records she was seeking. The Town further stated: [The September 30, 2024 memo] references various documents including Supreme Judicial Court decisions, documents created by you, and documents already in your possession. However, to the extent you are asking for your original request or the redacted emails provided in response to this request, you already have such records in your control. To the extent that you are looking for certain No Trespass Orders or Harassment Prevention Order, I have attached the requested records in a redacted format. Current Appeal In her April 11, 2025 petition to this office, Ms. Hedequist clarified that she was asking for “… ‘emails’ between certain people during a limited timeframe.” Ms. Hedequist objected to the production of documents which were not responsive to her request. In an April 16, 2025 telephone conversation with this office, the Town confirmed that Ms. Hedequist had been provided with all responsive records in its custody. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends only 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). Conclusion Given that all responsive records have been provided and this office has no authority to compel the Town to create records, I will now consider this administrative appeal closed. If Ms. Hedequist is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§

K.C. Kato SPR25/1018 Page 3 April 23, 2025 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Celeste Hedequist