Golden Hose v. Townsend, Town of - Town Clerk (SPR 20251859)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 8, 2025 SPR25/1859 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Golden Hose (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 9, 2025, the requestor sought, “all public records relating to the June 4, 2025, fire incident…” Specifically, the requestor sought: [1] The Official Fire Incident Report [2] Awards, Commendations, or Epics Penned in His Honor [3] Photographic or Video Evidence of Bravery [4] Internal or External Communications [5] Public Statements or Press Releases The Town responded on June 17, 2025. Unsatisfied with the Town’s response, the requestor petitioned this office and this appeal, SPR25/1859, 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 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 SPR25/1859 Page 2 July 8, 2025 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 June 17th Response In its June 17, 2025 response, the Town stated: [1] The responsive Fire Incident Report is attached. [2] There are no records responsive to this portion of the request. [3] There are no records responsive to this portion of the request. [4] There are no records responsive to this portion of the request. [5] There are no records responsive to this portion of the request. Current Appeal In the appeal petition, the requestor stated, “[t]he town produced a basic incident report. But in response to all other items—photographs, videos, internal commentary, press releases, and commendations—the Town claims there are ‘no records responsive.’ … I’m not appealing because I expect to find a Pulitzer-worthy photo. I’m appealing because I refuse to believe that in [an identified individual’s] meticulously choreographed world, nothing was captured, discussed, or commemorated…” In a telephone call between a staff attorney of the Public Records Division and the Town on July 7, 2025, the Town confirmed that it does not possesses any additional 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 confirmed it does not possess additional responsive records, I find the Town has met its burden in responding to this request.

Harrison C. Mayotte SPR25/1859 Page 3 July 8, 2025 Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Golden Hose