Jeffrey Griffin v. North Reading, Town of - Town Clerk (SPR 20251944)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 16, 2025 SPR25/1944 Susan Duplin Records Access Officer Town of North Reading 235 North Street North Reading, MA 01864 Dear Ms. Duplin: I have received the petition of Jeffrey Griffin appealing the response of the Town of North Reading (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 13, 2025, Mr. Griffin requested all political finance information for three identified individuals from 6/12/2024 to 6/12/2025. On June 26, 2025, the Town responded, providing records responsive to the request. Unsatisfied with the Town’s response, Mr. Griffin petitioned this office and this appeal, SPR25/1944, 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 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

Susan Duplin SPR25/1944 Page 2 July 16, 2025 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 26th response In its June 26, 2025 response, the Town provided records responsive to the request. Current Appeal In his appeal petition, Mr. Griffin states, “[e]ach of these requests were not the information I had requested. Not sure what to do next. I did submit for finance campaign, finance reports CPF M102 Municipal form and did not receive them…” No Duty to Create Records Please note that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In a telephone call between a staff attorney of the Public Records Division and the Town on July 14, 2025, the Town confirmed that it has no additional records responsive to Mr. Griffin’s request. Conclusion Where the Town confirmed that it does not possess additional records responsive to Mr. Griffin’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Griffin is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Jeffrey Griffin