Maryjane Churchville v. Townsend, Town of (SPR 20251563)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2025 SPR25/1563 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Maryjane Churchville appealing the response of the Town of Townsend (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 16, 2025, Ms. Churchville requested the following: [1] [A] detailed inventory of all fire and ambulance vehicles/apparatus currently owned and in process of receiving over the next five year[;] [2] [The location] of outdated vehicles and [where] they are disposed of for the last ten years; if sold [the] amount [the] Town received for the sale[;] [3] [A]ny and all correspondence, including any phone calls, text, email, written letters and correspondence of any type regarding the tariffs possibly to be imposed on new fire trucks scheduled for delivery in 2025. The Town responded on June 3, 2025. Unsatisfied with the responses, Ms. Churchville petitioned this office and this appeal, SPR25/1563, 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). 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

Harrison C. Mayotte SPR25/1563 Page 2 June 16, 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. 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 June 3rd Response On June 3, 2025, the Town stated, “[p]ursuant to G.L. c. 66, § 10(b)(vi), the Town is extending the time for response by fifteen (15) business days due to the scope and nature of your request. This extension allows us additional time to search for and segregate potentially responsive records across multiple departments and custodians, as permitted under the Massachusetts Public Records Law…” Current Appeal In her June 3, 2025 appeal to this office, Ms. Churchville stated, “I am writing to respectfully request that your office compel the Town of Townsend to respond to my public records request submitted on May 16, 2025…As of today [June 3, 2024], more than 10 business days have passed without a response from the Town.” In an email to this office on June 4, 2025, Ms. Churchville stated, “…the Town sent a supplemental response after my email to [this office] unilaterally extending the deadline without an excuse.” Where the Town indicated in its June 3rd response that it intends to provide a response within the allowed statutory timeframe, I find that the basis of Ms. Churchville’s appeal is unclear. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66 § 10A(a). Given that no violation of G. L. c. 66 § 10 has been asserted by Ms. Churchville in the appeal petition, I am unable to issue a determination at this time. If issues remain once Ms. Churchville

Harrison C. Mayotte SPR25/1563 Page 3 June 16, 2025 receives the response, or if the Town fails to provide a response within the statutory timeframe, she may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Maryjane Churchville