Julia Ducey v. Southbridge, Town of - Office of the Town Manager (SPR 20251147)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 9, 2025 SPR25/1147 Mathew Fitton Executive Assistant Town Manager’s Office Town of Southbridge 41 Elm Street Southbridge, MA 01550 Dear Mr. Fitton: I have received the petition of Julia Ducey appealing the response of the Town of Southbridge (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2025, Ms. Ducey requested, “[a]ll liquor board meeting minutes from January 2020 until the present meetings[.]” The Town responded on April 8 and April 14, 2025. Unsatisfied with the Town’s response, Ms. Ducey petitioned this office and this appeal, SPR25/1147, 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

Mathew Fitton SPR25/1147 Page 2 May 9, 2025 custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. Ducey states, “I would like to file a complaint concerning an unfulfilled foia request town the town of [S]outhbridge. I requested meeting minutes of the liquor licensing board 4/7/25 and have not received the minutes requested. The request was due for a response by 4/22/25 and is now over due by 2 days.” The Town’s April 8th and 14th Responses In its April 8, 2025 response, the Town states, “[t]he information you are requesting is on our website. www.ci.southbridge.ma.us[.] Feel free to contact [an identified individual] with any further questions or concerns.” In it April 14th response, the Town states, “[a]ll meeting minutes and agendas are available on the Southbridge website, in PDF format.” Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See G. L. c. 66, §6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 950 C.M.R. 32.04 (5)(e) (“A records access officer shall ... to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). No Duty to Answer Questions, Conduct Research Please be advised, 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, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Unclear Appeal Based on the foregoing, the basis of Ms. Ducey’s appeal is unclear. Ms. Ducey is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). In this case, where the Town has indicated that “[a]ll meeting minutes and agendas are available on the Southbridge website, in PDF format,” Ms. Ducey’s claim that she has not received the meeting minutes is unclear. This office encourages Ms. Ducey to communicate directly with the Town in order to arrange receipt of the records responsive to her request. Ms. Ducey may then describe her specific

Mathew Fitton SPR25/1147 Page 3 May 9, 2025 objections to the Town’s response. Conclusion Based on the above, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Julia Ducey