Cantelope Antelope v. Townsend, Town of (SPR 20251841)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 9, 2025 SPR25/1841 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Cantelope Antelope (requestor) 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 June 18, 2025, the requestor sought, “…the FY 2024 inventory of Tasers and less-lethal equipment.” The Town responded on June 23, 2025, assigning the request reference number 2025-0165. Unsatisfied with the Town’s response, the requestor petitioned this office and this appeal, SPR25/1841, 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 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

Harrison C. Mayotte SPR25/1841 Page 2 July 9, 2025 The Town’s June 23rd Response In its June 23, 2025 response, the Town stated, “[i]t was determined that there are no records responsive to this request at Town Hall. Please contact the Townsend Police Department…” Current Appeal In the appeal petition, the requestor stated, “[n]o exemption is cited. No transfer is documented. No lawful basis is offered.... When a member of the public submits a lawful request to the Town, the entire municipal entity is obligated to respond.” In a subsequent telephone conversation between the Town and this office on June 30, 2025, the Town clarified that the Townsend Police Department may possess records responsive to the request. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Further, 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). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. G. L. c. 66, § 10(b)(iii). Where the Town has indicated it does not possess the records responsive to the request, and has identified the custodian that may have possession of the responsive records, I find the Town has met its burden in responding to this request. The requestor may wish to submit a public records request to the Townsend Police Department for the records sought. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Cantelope Antelope