Sarah Nichols v. Wellfleet, Town of - Town Clerk (SPR 20251510)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 10, 2025 SPR25/1510 Jennifer M. Congel Town Clerk Town of Wellfleet 300 Main Street Wellfleet, MA 02667 Dear Ms. Congel: I have received the petition of Sarah Nichols appealing the response of the Town of Wellfleet (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, Ms. Nichols stated, “[a]ccording to my prior records requests there were 19 beach parking stickers and 3 taxpayer shellfishing permits sold to properties paying under $1000 in property tax in 2024. I would like to know what properties purchased these permits, and if possible, to whom the permits were sold.” The Town provided responses on May 2, 2025, May 15, 2025, May 16, 2025, and May 23, 2025. Unsatisfied with the Town’s responses, Ms. Nichols petitioned this office and this appeal, SPR25/1510, 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. See 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. 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

Jennifer M. Congel SPR25/1510 Page 2 June 10, 2025 If there are any fees associated with a response a written, good faith estimate must be provided. See 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 Responses In its May 2, 2025 response, the Town provided Ms. Nichols with a responsive document and later stated it “[would] check back with [a Town employee].” In its May 15, 2025 response, the Town stated it would “get [the information] to [Ms. Nichols] today.” In its May 16, 2025 response, the Town stated the following: According to the data pull that our database consultant provided, I actually show only two recreational shellfishing permits sold in 2024 to people who owned only properties that paid less than $1,000 in property taxes: [two identified individuals] residing at [an identified address]. These folks are registered voters and year-round residents. Regarding the 6 other properties on the list…those people also own a property that is billed over $1000. ‘6 of the stickers sold were sold to people who also own property that is billed for over $1,000 so I did not include them.’ [The Town] did ask the Assessor for any records that may be responsive, and was given the attached. In its May 23, 2025 response, the Town stated that “[it] was waiting on more information from the custodian of [the requested] records.” Current Appeal In her May 28, 2025 petition to this office, Ms. Nichols stated, “I filed a public records request with the Town on 4/30. I have yet to receive all of the requested information from the [T]own…The [T]own still needs to provide information for at least 6 beach sticker sales and 1 shellfishing permit. Possibly more as it seems the [T]own has been filtering information despite my request to not filter the data.” Based on Ms. Nichols’s appeal and the Town’s response, it is unclear if the Town possesses any additional records responsive to the request. 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in

Jennifer M. Congel SPR25/1510 Page 3 June 10, 2025 obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Town must clarify whether any additional responsive records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Nichols 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. Ms. Nichols 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: Sarah Nichols