Ada Zhong v. Westwood, Town of - Clerk's Office (SPR 20253298)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2025 SPR25/3298 Stephanie McManus Records Access Officer Finance Department Town of Westwood 580 High Street Westwood, MA 02090 Dear Ms. McManus: 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, a complete, itemized, and searchable record of compensation for all personnel employed by the Town of Westwood (including all elected and appointed officials, full-time, part-time, and temporary employees) for Fiscal Years 2018 and 2025. Specifically, I request the following information for each individual: [1] Full name[;] [2] Job title or position[;] [3] Department or division[;] [4] Annual base salary or hourly rate[;] [5] Total Gross Compensation Paid[;] [6] Total Overtime Paid[;] [7] Other Compensation Paid (including but not limited to stipends, vacation buyback, bonus, or other forms of additional compensation)[;] [8] Employment status (full-time, part-lime, seasonal, temporary)[;] [9] Hire date (if available)[.] The Department responded on October 21, 2025, and assigned reference number 2025- 0330 to this request. Unsatisfied with the Department’s response, Ms. Zhong petitioned this office and this appeal, SPR25/3298, was opened as a result. 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

Stephanie McManus SPR25/3298 Page 2 November 20, 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 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. The Department’s October 14th and October 21st Responses In its October 14, 2025 response, the Department provided four responsive records. In its October 21, 2025 response, the Department stated, “[n]o record exists containing all of the requested information.” Current Appeal In her appeal petition, Ms. Zhong argues the following: I understand . . . that no single record exists containing all of the requested information, specifically “Other Compensation Paid,” “Employment Status,” and “Hire Date.” … I kindly ask for any existing records that contain any portion of the missing information, even if they are maintained separately. Records in Existence 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). 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). In accordance with the Public Records Law, 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).

Stephanie McManus SPR25/3298 Page 3 November 20, 2025 In this case, based on the Department’s responses, and the information provided in Ms. Zhong’s appeal petition, it is unclear whether the Department possesses additional records responsive to the request. If the Department does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Ms. Zhong 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. Ms. Zhong may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ada Zhong