James Carver v. Westwood, Town of - Clerk's Office (SPR 20251107)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 2, 2025 SPR25/1107 Dottie Powers Town Clerk Town of Westwood 580 High Street Westwood, MA 02090 Dear Ms. Powers: I have received the petition of James Carver appealing the response of the Town of Westwood (Westwood) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2025, Mr. Carver requested, “… the Top Taxpayers Reports for the years 2019 through 2025, including the top 30 taxpayers, their tax amounts, valuation, and any additional information contained in those reports.” The Town responded on April 11, 2025. Unsatisfied with the Town’s response, Mr. Carver petitioned this office and this appeal, SPR25/1107, 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. 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

Dottie Powers SPR25/1107 Page 2 May 2, 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 April 11th Response In its April 11, 2025 response, the Town directed Mr. Carver to the annual financial reports publicly posted on its website, “… under the Statistical Section with the page title Principal Taxpayers.” Current Appeal In his April 23, 2025 petition to this office, Mr. Carver contended that the annual financial reports “… did not fully address [his] request, as they lacked the specific details requested, such as the complete list of the top 30 taxpayers, their tax amounts, and valuations.” 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). In an email communication to this office on April 30, 2025, the Town stated, “… there is no such report that exists pursuant to this request and the requestor was directed to where the information exists.” Conclusion Where the Town possesses no additional records responsive to the request, and this office has no authority to compel the Town to create records, I will now consider this administrative appeal closed. If Mr. Carver 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, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Dottie Powers SPR25/1107 Page 3 May 2, 2025 Sincerely, Manza Arthur Supervisor of Records cc: James Carver