Stephen Bassignani v. Brookfield, Town of - Town Clerk (SPR 20253149)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 4, 2025 SPR25/3149 Michael P. Seery Town Clerk Town of Brookfield 6 Central Street Brookfield, MA 01506 Dear Mr. Seery: I have received the petition of Stephen Bassignani appealing the response of the Town of Brookfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 13, 2025, Mr. Bassignani sought, “copies of any and all photographs of the vehicle currently being used to conduct official business by [an identified Animal Control Officer]. Specifically, I am requesting photographs that include, but are not limited to: the passenger side rear quarter of the vehicle, both the passenger rear door and passenger front door, the entire rear of the vehicle where it states “Animal Control Officer,” the driver’s side rear quarter, the driver’s side rear and front doors, pictures of any and all decals on the vehicle, and the front (nose) of the vehicle…” The Town responded on October 23, 2025. Unsatisfied with the Town’s response, Mr. Bassignani petitioned this office and this appeal, SPR25/3149, 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 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

Michael Seery SPR25/3149 Page 2 November 4, 2025 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 October 23rd Response In its October 23, 2025 response the Town stated, “[t]his is a personal vehicle of the animal control officer and the town has no documents or records responsive to your request.” Current Appeal In his October 26, 2025 petition to this office, Mr. Bassignani stated, “I would like to appeal this public information request…The vehicle in question is being used for official purposes...” Based on Mr. Bassignani’s petition and the Town’s response, it is unclear whether the Town possesses responsive records. 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). Consequently, the Town must clarify whether it possesses responsive records. Conclusion Accordingly, the Town is ordered to provide Mr. Bassignani 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. Mr. Bassignani 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: Stephen Bassignani