Joseph Smith v. Shelburne, Town of - Town Clerk (SPR 20251616)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 13, 2025 SPR25/1616 Terry Narkewicz Town Administrator Town of Shelburne 51 Bridge Street Shelburne, MA 01370 Dear Ms. Narkewicz: I have received the petition of Joseph Smith appealing the response of the Town of Shelburne (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, Mr. Smith requested: [1] [A]ll communications sent to the Town of Shelburne, including its police department, from the MTRS school/district, anyone claiming to represent the district, as well as any member of the public since 12/01/24 to the date of this request that related to or referred to [an identified individual], whether he was named directly or was referred to indirectly[;] [2] [A]ll internal communications within the Town of Shelburne, including its police department, from 12/01/24 to the date of this request that related to or referred to [an identified individual], whether he was named directly or referred to indirectly[;] [3] [A]ll communications made by the Town of Shelburne, including its police department, to any person(s) or entities since 12/01/24 to the date of this request that related to or referred to [an identified individual], whether he was named directly or referred to indirectly. The Town responded on May 23, 2025. Unsatisfied with the Town’s response, Mr. Smith petitioned this office and this appeal, SPR25/1616, was opened as a result. 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

Terry Narkewicz SPR25/1616 Page 2 June 13, 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). 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. Att’y 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 23rd Response In its May 23, 2025 response, the Town stated, “[g]iven the magnitude of your request and the public records law exemptions that may apply, the Town is seeking an extension so to obtain guidance from our legal counsel[.]” In a letter enclosed with its response, the Town explained that it sought “… a fifteen (15) day extension (June 23, 2025).” Current Appeal In his appeal petition, Mr. Smith objected to the Town’s request for an extension. Where the Town indicated in its May 23rd response that it intends to provide a response within the allowed statutory timeframe, it is unclear the basis of Mr. Smith’s appeal. 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. G. L. c. 66, § 10A(a). Given

Terry Narkewicz SPR25/1616 Page 3 June 13, 2025 that no violation of G. L. c. 66, § 10 has been asserted by Mr. Smith in the appeal petition, I am unable to issue a determination at this time. If issues remain once Mr. Smith receives the response, or if the Town fails to provide a response within the statutory timeframe, he may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Joseph Smith Chief Gregory D. Bardwell