Ada Zhong v. Westwood, Town of - Town Administrator (SPR 20252156)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 31, 2025 SPR25/2156 Molly Fitzpatrick Deputy Town Administrator Town of Westwood 580 High Street Westwood, MA 02090 Dear Ms. Fitzpatrick: I have received the petition of Ada Zhong appealing the response of the Town of Westwood (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 27, 2025, Ms. Zhong requested: [1] Documents detailing the measurements of rooms/areas for the proposed Fire Station 1 project. [2] Behavioral Healthcare Services Agreement (June 2023 Select Board Public Hearing, Agenda Item #9976) and the most recent financial statement for the account designated to pay the service fee. [3] Employment Agreements for FY26-28 for the Deputy Town Administrator and Finance Director/Treasurer/Collector (June 2023 Select Board Public Hearing, Agenda Item #9977). [4] Personnel Policies (June 2023 Select Board Public Hearing, Agenda Item #9979). [5] Home2Hotel Tax Increment Financing (TIF) Agreement (June 2023 Select Board Public Hearing, Agenda Item #9980) and the most recent financial statement for the account designated for fund transfers. [6] The most recent financial statement of ARPA Funds, as referenced on page 3 of the June 23, 2025, Westwood Select Board Fire Station 1 (FS1) Presentation. 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

Molly Fitzpatrick SPR25/2156 Page 2 July 31, 2025 [7] The most recent financial statement for the account that paid or will pay the $97,000 ZBA Appeal Settlement. [8] Reports showing actual call volumes for the highest volume call areas, as indicated on pages 5-7 of the June 23, 2025, Westwood Select Board Fire Station 1 (FS1) Presentation. The Town responded on July 22, 2025. Unsatisfied with the Town’s response, Ms. Zhong petitioned this office and this appeal, SPR25/2156, 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. The Town’s July 22nd Response On July 22, 2025, Ms. Zhong stated, “[a]s of today, more than 10 business days have passed, and I have not received any of the requested records or a written response explaining any delay, exemption, or anticipated timeline for fulfillment.” In its July 22, 2025 response, the Town replied: A second email was just sent to Ms. Zhong advising her the Town is working on her request and due to the complexity and magnitude of this, we will use the full 25 days to fulfill her request which will be August 4, 2025… If the staff is not able to complete this on or before August 4, 2025 the Town will appeal to the public records supervisor for additional time.

Molly Fitzpatrick SPR25/2156 Page 3 July 31, 2025 Current Appeal In her appeal petition, Ms. Zhong stated: The Town’s response refers to a request numbered #2025-0233 in the FOIA Direct portal. However, I did not submit this request through the portal, and I have never granted permission for the Town to enter my name or email address into that system… I cannot view the content of the request, track its status, or confirm whether it reflects my original submission. Additionally, I did not receive the Town’s extension notice until today, July 22, 2025. I had no prior knowledge of their intent to invoke the 25-day extension… Is the Town permitted to extend the response deadline to 25 business days without first notifying the requester and/or obtaining approval from the Supervisor of Records? In a supplemental email to this office on July 23, 2025, Ms. Zhong stated, “I respectfully disagree with the Town’s assertion that my request necessitates the full 25-business-day extension due to its complexity or volume. My request comprises 8 distinct items… I would like to reiterate that the Town's claim of sending an extension notice prior to my appeal is inaccurate.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). In this instance, where Ms. Zhong submitted her request on June 27, 2025 and the Town provided a response on July 22, 2025, it is unclear whether the Town complied with G. L. c. 66, § 10(b) by informing Ms. Zhong in writing within 10 business days of its intention to use 25 business days to respond to the request. The Town must clarify this.

Molly Fitzpatrick SPR25/2156 Page 4 July 31, 2025 Issues Outside the Authority of this Office In addition to the issues regarding the Public Records Law, Ms. Zhong’s appeal petition raises concerns regarding the Town’s use of its public records request portal. Ms. Zhong is advised that the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has been alleged. See G. L. c. 66, § 10A(a). Consequently, I am unable to assist you in this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Zhong 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. Zhong may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ada Zhong Dottie Powers