Sanjay Patel v. Foxborough, Town of - Town Manager (SPR 20251296)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 22, 2025 SPR25/1296 Paige E. Duncan Town Manager Town of Foxborough 40 South Street Foxborough, MA 02035 Dear Ms. Duncan: I have received the petition of Sanjay Patel appealing the response of the Town of Foxborough (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. Patel requested: [1] Interest Rate Calculation and Compounding: While the 14% annual rate is established by state law, my experience suggests that interest may be compounded, not applied as simple interest. Could the town confirm whether interest is compounded, and if so, on what schedule (e.g., daily, monthly)?[;] [2] Discretionary Waivers or Local Policy: In addition to the $15 threshold for waiving interest mentioned in Chapter 60, Section 15, are there any local guidelines or procedures for applying discretion in cases of financial hardship? If not, is this something the Select Board might consider implementing?[;] [3] Historical Spending Related to Mandated Services: I understand that the town does not track expenditures specifically by immigration status. However, for the sake of fiscal transparency, I’d like to request a comparison of spending on relevant service categories—such as emergency housing, education support, and public health—before and after any state or federal mandates requiring services for undocumented individuals were enacted. Even if estimates are necessary, understanding the scope and trend over time would be helpful for residents to evaluate budget impact. [4] Access to Public Budget Data: Lastly, I’d appreciate being directed to where the town publishes its detailed budget, revenue collection data, and expenditure reports. If these materials are not currently accessible online, I would encourage the town to consider publishing them in a more transparent and resident-friendly format, as allowed under Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10). 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

Paige E. Duncan SPR25/1296 Page 2 May 22, 2025 The Town responded on April 9, 10, and April 18, 2025. Unsatisfied with the Town’s responses with respect to his requests in Items 3 and 4, Mr. Patel petitioned this office and this appeal, SPR25/1296, 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 custodian must provide the responsive records. The Town’s Responses Item 1 In its April 9, 2025 response, a representative of the Town answered the question Mr. Patel submitted in Item 1 of his April 9, 2025 request. Items 2 and 3 In its April 10, 2025 response, the Town answered the question Mr. Patel submitted in Item 2 of his request and indicated that it did not have records responsive to Item 3. In this response, the Town explained, “[w]e do not track metrics and financial data related to undocumented immigrants, nor do we have records related to before and after trends regarding emergency housing, education support, and public health.” Item 4 Regarding Item 4 of the request, the Town further explained in its April 10, 2025 response that it publishes, “an annual budget document online each year” and informed Mr. Patel that he could “find copies of the most recent budget book and past ones by visiting the Finance Department's webpage and navigating to the Budget Book Section.” The Town additionally

Paige E. Duncan SPR25/1296 Page 3 May 22, 2025 provided responsive URLs to the Town Finance Department's website as well as the Budget Book Section of the Town Finance Department's website. Current Appeal Item 3 In his May 8, 2025 appeal petition, Mr. Patel asserts that the Town possesses records responsive to Item 3 of his request. He states, “[i]n responses dated April 9, 18, and 23, 2025, Town officials consistently asserted that no expenditure tracking data exists for services provided to specific population groups.” Subsequent to the opening of the appeal, it is my understanding that the Town confirmed with this office that it does not have records responsive to Item 3 of the request in its custody. Records in Existence; Possession, Custody, or Control 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). 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). 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). Where the Town has confirmed that it does not possess records responsive to Item 3 of Mr. Patel request and has no duty to create records responsive to the request, I find that Mr. Patel’s appeal regarding Item 3 of his request is resolved. Mr. Patel may make a request for records to alternative entities or agencies. If he is dissatisfied with the response to said request, he may file an appeal within 90 days. See 950 C.M.R. 32.08(1). Item 4 With respect to Item 4 of his request, Mr. Patel additionally asserts in his appeal that “[t]he Town's response directing [him] to budget books that do not contain the specific information requested appears designed to create the appearance of compliance while avoiding substantive disclosure.” Where Item 4 of Mr. Patel’s request was to “… [be] directed to where the town publishes its detailed budget, revenue collection data, and expenditure reports” and the Town’s April 10, 2025 response provided URLs to the area of the Town Finance Department's website which hosts, among other things, PDF copies of the Town’s annual budget report from the fiscal years 2022 through 2025, as well the “Town Manager's Proposed Budget” for the 2026 fiscal year, I find that basis of Mr. Patel’s appeal concerning Item 4 of his request is unclear. Please note that

Paige E. Duncan SPR25/1296 Page 4 May 22, 2025 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(1)(f). If Mr. Patel seeks an additional record other than what has been provided, he is advised to clarify the requested records or submit a public records request that reasonably describes the records sought to enable the Town identify the record(s). Once clarification has been provided or a request has been submitted, the Town must provide a response. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Patel 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). Sincerely, Manza Arthur Supervisor of Records cc: Sanjay Patel