Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20251234)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 8, 2025 SPR25/1234 Patricia Dzuris Town Clerk Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Dzuris: I have received the petition of Stanley Mazurczyk, appealing the response of the Town of Chelmsford (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 30, 2025, Mr. Mazurczyk stated: Attached please find copy of a letter Town of Chelmsford (Town) Counsel, [an identified individual], send “BY ELECTRONIC MAIL ONLY” to [a specific] email address] on January 11, 2024. I’m requesting Town provide copy of an email that contained that PDF document and includes entire email header information. The Town responded on May 1, 2025. Unsatisfied with the Town’s response, Mr. Mazurczyk petitioned this office and this appeal, SPR25/1234, 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. Att’y 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

Patricia Dzuris SPR25/1234 Page 2 May 8, 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 May 1st Response In its May 1, 2025 response, the Town informed Mr. Mazurczyk that the requested email communication was sent by an individual who was “… not part of the town mail system. The town does not have this record.” Current Appeal In his May 4, 2025 petition to this office, Mr. Mazurczyk contended that the requested email was sent by Town Counsel on the Town’s behalf and accordingly must be disclosed. In an email communication to this office on May 5, 2025, the Town stated: The IT Director searched the email address, by topic, and by several dates around the original date of the letter and did not find anything, therefore, there were no records responsive to the request. I confirmed with Counsel that we were not copied on [the requested communication]. Agency Relationship Please be advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Additionally, public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). The Town is advised that where a public entity contracts with a third party to fulfill its public duties, and the public entity exercises control over that third party, an agency relationship is created. See Fifty-one Hispanic Residents of Chelsea v. School Committee of Chelsea, 421 Mass. 598, 607 (1996) (while subject to control of a public entity as a principal for purposes of performing public duties, private university is a public agent). Wherever a record custodian keeps original public records in a location other than the government building, the custodian has a duty to make the public records available in a location convenient to the general public for inspection and copying.

Patricia Dzuris SPR25/1234 Page 3 May 8, 2025 In this case, where it appears that an outside law firm acted as an agent on behalf of the Town, it is unclear whether the records for the Town’s agents were searched. As such, I find that the Town must provide additional information detailing its search in order to determine if the Town has met its burden under G. L. c. 66, § 10(a)(ii) to provide records that are in the possession, custody, or control of the custodian of records at the time of the request. Conclusion Accordingly, the Town is ordered to provide Mr. Mazurczyk with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Mazurczyk 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: Stanley Mazurczyk