Ada Zhong v. Westwood, Town of - Clerk's Office (SPR 20251246)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 15, 2025 SPR25/1246 Dottie Powers Town Clerk Town of Westwood 580 High Street Westwood, MA 02090 Dear Ms. Powers: I have received the petition of Ada Zhong appealing the response of the Town of Westwood (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 17, 2025, Ms. Zhong requested “…a copy of the budget details or any documentation that includes itemized costs” for a specified project and “email addresses of the FinCom members[.]” Additionally, Ms. Zhong asked the Town the following questions: [1] Could you please let me know how members of the public can submit comments for the [upcoming] hearing? [2] Is it possible to submit public comments via email, and if so, will those comments be read aloud during the hearing? The Town responded on April 18, 2025 and April 30, 2025. Unsatisfied with the Town’s responses, Ms. Zhong petitioned this office and this appeal, SPR25/1246, 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 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 SPR25/1246 Page 2 May 15, 2025 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 18th and April 30th Responses In its April 18, 2025 response, a Town official answered Ms. Zhong’s procedural questions about the public hearing and stated, “[a]ll of the information about the project can be found on the project website… Your request for the emails of the FinCom members will be entered into the public records system and responded to there.” After Ms. Zhong replied, “I also request budget details on new Fire Station 1,” and followed-up with a subsequent update inquiry, the Town responded twice on April 30, 2025. In its first April 30, 2025 response, regarding the request for budget details, the Town provided a link to the project website and stated, “[t]he information is listed on the Project Website under Project Updates.” In its second April 30, 2025 response, the Town provided a spreadsheet of the requested email addresses. Current Appeal In her appeal petition, Ms. Zhong states, “[t]he request sought: (1) budget details, including itemized costs, for the Fire Station 1 construction project; (2) information on how to submit public comments for the Finance Committee hearing; and (3) email addresses of Finance Committee members… [T]he Town provided only the Finance Committee members’ email addresses, failing to address the request for budget details. No explanation was offered for this incomplete response or the delay in providing the budget documentation, despite my follow- up…” Unclear Appeal Based on the foregoing, it appears that the Town has provided Ms. Zhong with the responsive records. Upon review, Ms. Zhong received budget details though the link to the project website and received the requested email addresses in a spreadsheet. The Town also provided information on how to submit public comments. Therefore, I find that the basis of Ms. Zhong’s appeal is unclear. Ms. Zhong 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).

Dottie Powers SPR25/1246 Page 3 May 15, 2025 Additionally, please be advised that 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. Atty Gen. 157, 165 (May 18, 1977). Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Ada Zhong