Christopher Kelleher v. Brookfield, Town of - Town Clerk (SPR 20251607)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 9, 2025 SPR25/1607 Michael P. Seery Town Clerk Town of Brookfield 6 Central Street Brookfield, MA 01506 Dear Mr. Seery: I have received the petition of Christopher Kelleher appealing the response of the Town of Brookfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 19, 2025, Mr. Kelleher requested: [A] copy of any video surveillance footage recorded by security cameras at or around Brookfield Town Hall on the following dates and times: [1] Tuesday, April 15, 2025, from 12:00 PM to 2:00 PM[;] [2] Wednesday, April 16, 2025, from 12:00 PM to 2:00 PM … The Town responded on May 19 and 20, 2025. Unsatisfied with the responses, Mr. Kelleher petitioned this office and this appeal, SPR25/1607, 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 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

Michael P. Seery SPR25/1607 Page 2 June 9, 2025 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 19th and 20th Responses In its May 19, 2025 response, the Town assessed a fee of $125.00 to provide Mr. Kelleher with responsive records. In its May 20, 2025 response, the Town confirmed that it had received payment of the assessed fee. Current Appeal In his June 6, 2025 petition to this office, Mr. Kelleher claimed that despite having paid the assessed fee, he had received no responsive records. Payment of Fees Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid, a records custodian must provide the responsive records. Where it appears the Town has received payment of the reasonable fee, the Town must provide the responsive records. To the extent possible, the Town must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Town is ordered to provide Mr. Kelleher 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. Mr. Kelleher may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1).

Michael P. Seery SPR25/1607 Page 3 June 9, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Christopher Kelleher