Ada Zhong v. Westwood, Town of - Clerk's Office (SPR 20253283)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 21, 2025 SPR25/3283 Molly Fitzpatrick Interim Town Administrator Westwood Town Hall 580 High Street Westwood, MA 02090 Dear Ms. Fitzpatrick: I have received the petition of Ada Zhong appealing the response of the Town of Westwood (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 3, 2025, Ms. Zhong requested: … access to and copies of the following public records related to the proposed new Fire Station 1 project in Westwood, Massachusetts, which was rejected by voters on June 3, 2025, and again on September 9, 2025: Any documents, plans, blueprints, schematics, architectural drawings, or reports that include measurements of rooms, areas, floor plans, or square footage for the proposed facility. I am not requesting presentation materials that were already used in public hearings. On October 14, 2025, the Town provided a response. Unsatisfied with the Town’s response, Ms. Zhong petitioned this office and this appeal, SPR25/3283, was opened as a result. Subsequent to the opening of this appeal, the Town provided a further response on November 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 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

Molly Fitzpatrick SPR25/3283 Page 2 November 21, 2025 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 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 14th Response In its October 14, 2025 response, the Town stated “that the Town possesses no additional records beyond those that have already been made publicly available. All information related to the proposed Fire Station 1 project, including bid materials, conceptual plans, and all associated bid documents are likewise available online. As such, the Town has no further responsive records to provide.” Current Appeal In her appeal petition, Ms. Zhong contends: A thorough review of the Town’s website . . . and the public bid portal revealed that none of the requested detailed records exist online, only high-level conceptual renderings and presentation slides. On October 21, 2025, I sent a follow-up email . . . pointing out the discrepancy and asking for clarification on whether the records (a) exist but are withheld, or (b) never existed, and if so, which consultant … would have created them. As of November 6, 2025 - 16 business days later - the Town has provided no response whatsoever to my October 21 follow-up. No Duty to Create Records; Answer Questions Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior

Molly Fitzpatrick SPR25/3283 Page 3 November 21, 2025 knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In its November 7, 2025, the Town confirmed the following: All documents that fall within the categories she describes are either posted publicly on the Town’s website or included within the bid documents for the Fire Station 1 project. These materials have been provided to her multiple times. ... [T]he Town is not required to conduct research or create new records in response to a public records request. If Ms. Zhong does not see the specific documents she is seeking, that is because the Town is not in possession of them. Further, on November 12, 2025, in a conversation between the Town and an attorney of the Public Records Division, the Town confirmed that it does not possess additional responsive records. Conclusion Where the Town has confirmed it does not possess additional records responsive to Ms. Zhong’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Zhong 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, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Ada Zhong