Allyson Mitchell v. Nantucket, Town of (SPR 20251641)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 23, 2025 SPR25/1641 Maureen Coleman Public Records Compliance Officer Town of Nantucket 16 Broad Street Nantucket, MA 02554 Dear Ms. Coleman: I have received the petition of Allyson Mitchell appealing the response of the Town of Nantucket (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 16, 2025, Ms. Mitchell requested “... any and all email communications... for the dates between January 1, 2022 to August 31, 2022 containing the words to an [identified individual] [w]ith the following searches sent between seven [identified] individuals.” Prior Appeal This request was the subject of a prior appeal. See SPR25/1359 Determination of the Supervisor of Records (May 23, 2025). In my May 23rd determination, the Town was ordered to provide Ms. Mitchell with a response to her request. The Town responded on June 9, 2025. Unsatisfied with the response, Ms. Mitchell petitioned this office and this appeal, SPR25/1641, 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

Maureen Coleman SPR25/1641 Page 2 June 23, 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. 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 9th Response On June 9, 2025, the Town stated, “[p]lease find requested emails for your request, as stated below. Alli, if you feel this search did not produce the results you anticipated, please submit another request listing specific Town employees (not between, just a list of names), search topic/topics/address(es) and a time frame. I will also send this attachment via Sharepoint Online.” Current Appeal In her June 10, 2025 petition to this office, Ms. Mitchell stated the following: I would like to appeal the findings that were sent to me as a result of this public records request. While I appreciate Ms. Coleman’s suggestion that I file another request, I believe that is a tactic to stall and waste my time. The Town can, and should, be searching their email databases in a way that would provide documents relative to every one of the bullets I requested. It looks as though they made a halfhearted attempt at searching just two… I gave a very clear start and end date, as well as very clear bullets as to what I was looking for. I guarantee that more than 97 pages of duplicate emails they sent me exists as a result of this request and I ask that the Town be required to conduct a search that produces the public records I am requesting. Based on Ms. Mitchell’s petition and the Town’s response, it is unclear whether the Town possess additional responsive records. 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). The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Mitchell 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. Mitchell may appeal the substantive nature of the Town’s response within ninety (90) days. See

Maureen Coleman SPR25/1641 Page 3 June 23, 2025 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Allyson Mitchell