Jack Egan v. Rockland, Town of (SPR 20251190)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 12, 2025 SPR25/1190 Liza Landy Town Clerk Town of Rockland 242 Union Street Rockland, MA 02370 Dear Ms. Landy: I have received the petition of Jack Egan appealing the response of the Town of Rockland (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 9, 2025, Mr. Egan requested: … the total amount of funds that the Town of Rockland has or is projected to spend on the Rockland School Department for the years FY 2023, FY 2024, FY 2025 and, FY 2026 (projections) broken out by the school department's budgeted funds, school's debt exclusion funds, any other payments made on the school's behalf (i.e. Insurances, etc.) and then the total monies spent on school expenditures and the school's percentage of the total town expenditures is for each year. Prior Appeal A similar request was the subject of a prior appeal. See SPR25/0915 Determination of the Supervisor of Records (April 4, 2025). In my April 4th determination, I found that the Rockland Public School District (District) had not met its burden in responding to Mr. Egan’s request, but that it had no duty to answer questions. The Town responded on April 29, 2025. Unsatisfied with the response, Mr. Egan petitioned this office and this appeal, SPR25/1190, was opened as a result. 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

Liza Landy SPR25/1190 Page 2 May 12, 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. 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 custodian must provide the responsive records. The Town’s April 29th Response In its April 29, 2025 response, the Town provided Mr. Egan with a graph of the Town’s existing and proposed net debt service. Current Appeal In his April 30, 2025 petition to this office, Mr. Egan stated that the Town’s response did not provide the information he was seeking. Specifically, Mr. Egan sought budgetary information for the Town and the District for fiscal years 2023 to 2026. Based on Mr. Egan’s petition and the Town’s response, it is unclear whether the Town possesses additional records responsive to the request. 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). Consequently, the Town must clarify whether it possesses records of the kind Mr. Egan describes in his appeal petition. Conclusion Accordingly, the Town is ordered to provide Mr. Egan 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. Mr.

Liza Landy SPR25/1190 Page 3 May 12, 2025 Egan may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jack Egan