Deanna Strout v. Dalton, Town of (SPR 20251621)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2025 SPR25/1621 Rebecca L. Whitaker Records Access Officer Town of Dalton 462 Main Street Dalton, MA 01226-1601 Dear Ms. Whitaker: I have received the petition of Chief Deanna L. Strout, of the Dalton Police Department, appealing the response of the Town of Dalton (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, Chief Strout requested “4/9 video of Finance Committee meeting via Zoom.” The Town responded on June 3, 2025. Unsatisfied with the response, Chief Strout petitioned this office and this appeal, SPR25/1621, 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. 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. 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

Rebecca L. Whitaker SPR25/1621 Page 2 June 16, 2025 The Town’s June 3rd Response In its June 3, 2025 response, the Town stated: The Town of Dalton acknowledges there is a recording for this meeting, however, it was recorded on the Finance Committee Chair’s personal account. At this time we have not been given a copy of this recording. We were given the audio of this meeting which has been included with this letter. Current Appeal In her June 3, 2025 petition to this office, Chief Strout objected to the Town’s response and sought disclosure of the requested records. Duty to Demand Delivery The Town is advised that public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). In this case, insofar as the requested recording was created in furtherance of Town business, the Town has a statutory duty to demand delivery of its public records that are outside of its possession. “If the custodian does not have custody of public records, the custodian shall demand delivery from any person unlawfully having possession of the records, and the records shall immediately be delivered by such person to the custodian.” G. L. c. 66, § 17. Conclusion Accordingly, the Town is ordered to provide Chief Strout with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Chief Strout 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: Deanna L. Strout