Martin Syjuco v. Edgartown, Town of - Town Clerk (SPR 20251904)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 11, 2025 SPR25/1904 James Hagerty Town Administrator Town of Edgartown 70 Main Street, P.O. Box 5158 Edgartown, MA 02539 Dear Mr. Hagerty: I have received the petition of Martin Syjuco appealing the response of the Town of Edgartown (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 31, 2025, Mr. Syjuco requested: All audio/video recordings, written transcripts, and documents submitted into the record from Days 1 through 3 of the hearing involving [an identified individual], conducted before the Appointing Authority Hearing Officer, [an identified individual], in 2024-2025. The Town responded on June 13, 2025. Unsatisfied with the Town’s response, Mr. Syjuco petitioned this office and this appeal, SPR25/1904, 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

James Hagerty SPR25/1904 Page 2 July 11, 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. 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 13th Response In its June 13, 2025 response, the Town informed Mr. Syjuco that it was withholding responsive records pursuant to Exemption (d) of the Public Records Law. The Town further stated that the records were related to ongoing litigation in Edgartown District Court. Current Appeal In his July 1, 2025 petition to this office, Mr. Syjuco contested the application of Exemption (d) to the responsive records. In an email communication to this office on July 2, 2025, the Town reiterated its position that the requested records were the subject of ongoing litigation. The Town provided evidence that the plaintiff in the ongoing litigation had sought the requested records in the course of discovery. This office has reviewed the docket of the trial court and confirmed that the requested records are the subject of active and ongoing litigation in Edgartown District Court. See Kimberly Andrade v. Town of Edgartown (District Court Docket No. 2435CV000060). Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). I further decline to opine on the applicability of Exemption (d) of the Public Records Law to the requested records. It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

James Hagerty SPR25/1904 Page 3 July 11, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Martin Syjuco