Sarah Nichols v. Wellfleet, Town of - Town Clerk (SPR 20253064)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 28, 2025 SPR25/3064 Jennifer M. Congel Town Clerk Town of Wellfleet 300 Main Street Wellfleet, MA 02667 Dear Ms. Congel: I have received the petition of Sarah Nichols appealing the response of the Town of Wellfleet (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 24, 2025, Ms. Nichols requested “an excel document for any category of beach permit (resident, 4‐6 month seasonal, visitor etc.) and shellfishing permit sales made in 2024… including the name of the purchaser, the address under which the permit was purchased, type of permit, cost, and date of sale.” The Town responded on October 3, 2025, October 6, 2025, October 8, 2025, and October 9, 2025. Unsatisfied with the Town’s responses, Ms. Nichols petitioned this office and this appeal, SPR25/3064, 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. 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

Jennifer M. Congel SPR25/3064 Page 2 October 28, 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 October 3rd, October 6th, October 8th, and October 9th Responses In its October 3, 2025 response, the Town provided responsive records and stated, “I have also included the lists for Massasoit Hills trailer park and the Trailer park at the Harbor that they use to issue stickers.” In a follow-up email to the Town on the same day, Ms. Nichols stated that the response does not fulfill her request and listed categories of records she claimed were missing from the responsive records. In its October 6, 2025 response, a Town official responded, “I will check into that and I will get back to you.” On October 8, 2025, the Town provided another responsive record and stated, “[t]his list I was told includes everything from 2024 except for a ‘beach & Transfer’ category because that year they did not issue a combo sticker that year.” After Ms. Nichols again stated that the record was incomplete, listing additional categories she claimed were still missing, the Town responded on October 9, 2025, “[l]et me check in again with [an identified individual].” Current Appeal In her appeal petition, Ms. Nichols stated, “I have yet to receive a complete response that contains all categories of beach stickers sold and it has been over ten business days. I am requesting info regarding all categories of beach stickers sold in 2024, as well as the address these stickers were sold under, the assessor code for the property, who the sticker was sold to, date sold, and the amount paid.” Based on the information provided in Ms. Nichols’ appeal petition and the Town’s responses, it is unclear whether the Town possesses additional records responsive to the request. Specifically, the Town must clarify whether it possesses records responsive to the categories of records Ms. Nichols claims are missing from the records she was provided. 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). To the extent that additional records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Nichols with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations

Jennifer M. Congel SPR25/3064 Page 3 October 28, 2025 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. Nichols 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: Sarah Nichols