James Carver v. Westwood, Town of - Clerk's Office (SPR 20251448)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 2, 2025 SPR25/1448 Dottie Powers Town Clerk Town of Westwood 580 High Street Westwood, MA 02090 Dear Ms. Powers: I have received the petition of James Carver 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 May 6, 2025, Mr. Carver requested: [1] The full text of Article 8 from the 2025 Annual Town Meeting warrant, including any fiscal notes, budget summaries, or supporting documentation. [2] Budget documents or financial records specifying the amount and allocation of funds for Article 8, such as line-item budgets, cost estimates, or expenditure plans. [3] Reports, memoranda, or presentations by town officials, boards, or committees explaining the purpose and necessity of the funds, including project descriptions or justifications for the expenditure. [4] If any records do not exist, alternative records (e.g., financial documents, transaction records, or reports) related to the funds’ allocation or purpose. The Town provided a response on May 12, 2025, providing some responsive records. Unsatisfied with the Town’s response, Mr. Carver petitioned this office and this appeal, SPR25/1448, 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, 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 SPR25/1448 Page 2 June 2, 2025 § 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 May 12th Response In its May 12, 2025 response, the Town states: [1] This information is available in the 2025 Town Meeting Book: [link provided] [2] This information is available in the 2025 Town Meeting Book: [link provided] [3] Article 8 was discussed at multiple Select Board and Finance and Warrant Commission meetings. Presentations can be found here: [link provided]. Presentations are recorded by Westwood Media Center and are available on their [Y]outube page. This information is also available in the 2025 Town Meeting Book. [link provided]. There is also a capital book on the Town’s website which contains some information on the item listed in Article 8 : [link provided] Current Appeal In his appeal petition, Mr. Carver states, The town’s initial response provided partial records, and their latest reply, stating ‘Records responsive to this request were already provided,’ fails to address the specific deficiencies I outlined, confirm the existence of requested records, or justify their absence, rendering it non-compliant with M.G.L. Chapter 66, Section 10… [T]he response failed to provide: [1] Fiscal notes, detailed budget summaries, or supporting documentation (e.g., project proposals, cost justifications for the cemetery tractor, rescue upgrade, or fire truck) for item 1. [2] Line-item budgets (e.g., detailed cost breakdowns for the $950,000 fire truck), cost estimates (e.g., vendor quotes), or expenditure plans (e.g., timelines, procurement plans) for item 2.

Dottie Powers SPR25/1448 Page 3 June 2, 2025 [3] Reports, memoranda, or presentations, including minutes or documents from the March 25, 2025, Finance and Warrant Commission meeting, for item 3. [4] Confirmation of whether requested records exist or alternative records (e.g., transaction records, detailed financial plans) for item 4. The Town is 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). However, 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). Based on the Town’s response and Mr. Carver’s appeal, it is unclear whether the Town possesses additional records responsive to the request. If the Town does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Town is ordered to provide Mr. Carver 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. Sincerely, Manza Arthur Supervisor of Records cc: James Carver