Sarah Nichols v. Wellfleet, Town of - Town Clerk (SPR 20253066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 28, 2025 SPR25/3066 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 “permit sale info for Massasoit Hills for 2025 and 2024.” The Town responded on September 26, 2025 and October 3, 2025. Unsatisfied with the Town’s responses, Ms. Nichols petitioned this office and this appeal, SPR25/3066, 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. 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 SPR25/3066 Page 2 October 28, 2025 The Town’s September 26th October 3rd Responses In its September 26, 2025 response, a Town official stated, “I will have to check on that and get back to you.” In its October 3, 2025 response, the Town provided responsive records to a separate request 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.” Current Appeal In her appeal petition, Ms. Nichols stated, “I… have yet to receive a complete response. On 10/3 the town forwarded me a 2025 tenant list when addressing another public records request which in no way fulfills my records request.” 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. 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 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