Julia Ducey v. Southbridge, Town of - Office of the Town Manager (SPR 20252197)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 1, 2025 SPR25/2197 Gayle Raducha Administrative Assistant Town Manager’s Office Town of Southbridge 41 Elm Street Southbridge, MA 01550 Dear Ms. Raducha: I have received the petition of Julia Ducey appealing the response of the Town of Southbridge (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 11, 2025, Ms. Ducey requested “[a]ll applications for retail liquor licenses with all supporting documents and copies of cashed checks for the license payments for the year of 2025.” The Town responded on July 23, 2025. Unsatisfied with the response, Ms. Ducey petitioned this office and this appeal, SPR25/2197, 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. Att’y 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. 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

Gayle Raducha SPR25/2197 Page 2 August 1, 2025 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 23rd Response In its July 23, 2025 response, the Town provided Ms. Ducey with redacted copies of records responsive to her request. Current Appeal In her July 24, 2025 petition to this office, Ms. Ducey objected to the Town’s redactions and contended that the Town had failed to provide her with cashed checks responsive to her request. In a July 31, 2025 email communication to this office, the Town clarified that the redacted information was “… of a personal nature, and not public record.” The Town’s response did not contain the specificity required in a denial of access to public records. The Town must either provide the requested records or cite an exemption to the Public Records Law and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Additionally, based on Ms. Ducey’s petition and the Town’s response, it is unclear whether the Town possesses additional records responsive to the request. Specifically, the Town must clarify whether it possesses “cashed checks for the license payments” as described in Ms. Ducey’s request. 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). The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Ducey with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Ducey may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1).

Gayle Raducha SPR25/2197 Page 3 August 1, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Julia Ducey