Donna Miller v. Leominster, City of - Office of the City Clerk (SPR 20253206)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2025 SPR25/3206 Elizabeth Doiron City Clerk City of Leominster 25 West Street Leominster, MA 01453 Dear Ms. Doiron: I have received the petition of Donna Miller, of Best Friends Animal Society, appealing the response of the City of Leominster (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 1, 2025, Ms. Miller requested “records for the 2024 calendar year detailing statistics of total dogs and total cats entering Leominster Fitchburg Animal Control by intake type (e.g., stray, owner surrender, transfer) and total dispositions by outcome type (e.g., adoption, euthanasia, transfer).” Prior Appeal This request was the subject of a prior appeal. See SPR25/3067 Determination of the Supervisor of Records (October 30, 2025). In my October 30th determination, I found that the City had subsequently provided records responsive to Ms. Miller’s request on October 22, 2025, and considered the appeal closed. Unsatisfied with the City’s October 22nd response, Ms. Miller petitioned this office and this appeal, SPR25/3206, 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. 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

Elizabeth Doiron SPR25/3206 Page 2 November 14, 2025 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. 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 City’s October 22nd Response In its October 22, 2025 response, the City stated, “I do not have access to the exact information you are looking for; however, I was able to find the information that is attached for 2024.” Current Appeal In her appeal, Ms. Miller states “[t]hese are the documents the City clerk had access to. They give lots of information on people, but not on the intake and outcomes for dogs and cats…I am appealing the decision based on the fact that the Animal Control Officer likely has the records that are needed but he has not responded to the lawful request. If he doesn’t have such data, he hasn’t stated so. He has been silent.” Based on Ms. Miller’s claims, in conjunction with the City’s response, it is unclear if the City possesses any records responsive to her 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether any responsive records exist. Conclusion Accordingly, the City is ordered to provide Ms. Miller 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. Miller may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Elizabeth Doiron SPR25/3206 Page 3 November 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Donna Miller