Catherine Foster v. Adams, Town of - Town Clerk (SPR 20252928)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 9, 2025 SPR25/2928 Haley Meczywor Town Clerk Town of Adams 9 Park Street Adams, MA 01220 Dear Ms. Meczywor: I have received the petition of Catherine Foster appealing the response of the Town of Adams (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 19, 2025, Ms. Foster requested “… copies of all emails sent or received by [an identified individual] in 2025 to date that involve Berkshire Eagle reporters, including but not limited to [an identified individual][.]” The Town responded on October 2, 2025. Unsatisfied with the response, Ms. Foster petitioned this office and this appeal, SPR25/2928, was opened as a result. Subsequent to the opening of this appeal, the Town provided a further response on October 7, 2025. 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. 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

Haley Meczywor SPR25/2928 Page 2 October 9, 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’ October 2nd Response In its October 2, 2025 response, the Town produced responsive records. Current Appeal In her October 3, 2025 petition to this office, Ms. Foster contended that the Town had not produced all responsive records in its possession. In its October 7, 2025 response, the Town confirmed that Ms. Foster had been provided with all responsive records. 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). The duty to comply with requests for records extends only 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). Conclusion Given that all responsive records have been provided, and this office has no authority to compel the Town to create records, I will now consider this administrative appeal closed. If Ms. Foster 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: Catherine Foster Michael D’Ortenzio, Jr., Esq.