James Carver v. Westwood, Town of - Clerk's Office (SPR 20251455)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 27, 2025 SPR25/1455 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 21, 2025, Mr. Carver requested: [1] Minutes, agendas, or other records of Finance & Warrant Commission meetings where funding, appropriations, or grants to Westwood Media Center, Inc. (WMC) were discussed or voted upon. [2] Budget documents or financial reports submitted to or reviewed by the Finance & Warrant Commission that reference funding for Westwood Media Center, Inc., including franchise fee allocations. The Town responded on May 22, 2025. Unsatisfied with the response, Mr. Carver petitioned this office and this appeal, SPR25/1455, was opened as a result. Subsequent to the opening of this appeal, the Town provided a supplemental response on May 23, 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). 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 SPR25/1455 Page 2 May 27, 2025 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 22nd Response In its May 22, 2025 response, the Town directed Mr. Carver to its website, which contains all Finance & Warrant Commission meeting minutes, agendas, and associated materials. Current Appeal In his May 22, 2025 petition to this office, Mr. Carver contended that the Town had failed to properly direct him to responsive records, had not addressed his request for budgetary documents, and had not justified the withholding of any responsive records. In its May 23, 2025 response, the Town clarified that Mr. Carver had been provided with all responsive records in the Town’s possession, and stated that it was not required to conduct research or create documents on his behalf. No Duty to Create Records; Records Available on a Public Website Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends only 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). It is also permissible for the custodian of records to provide access to records by directing a requestor to a public website. See G. L. c. 66, § 6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 950 C.M.R. 32.04 (5)(e) (“A records access officer shall ... to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”).

Dottie Powers SPR25/1455 Page 3 May 27, 2025 Conclusion Given that all responsive records have been provided, I will now consider this administrative appeal closed. If Mr. Carver 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: James Carver Molly Fitzpatrick