Forcier, Bruce v. South Hadley, Town of - Fire District (SPR 20260060)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 22, 2026 SPR26/0060 Kari Scytkowski Records Access Officer South Hadley Fire District 144 Newton Street South Hadley, MA 01075 Dear Ms. Scytkowski: I have received the petition of Bruce C. Forcier appealing the response of the South Hadley Fire District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 15, 2025, Mr. Forcier requested: …an opportunity to inspect or obtain copies of public records dealing with “No Other Policies Exist” Certification. “Please confirm whether any IT, phone-use, ethics, conflict-of-interest, or administrative policies exist outside the two handbooks provided.” The District responded on December 17, 2025. Unsatisfied with the District’s response, Mr. Forcier petitioned this office and this appeal, SPR26/0060, was opened as a result. Subsequent to the opening of this appeal, the District provided a further response to Mr. Forcier and this office on January 8, 2026. 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 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

Kari Scytkowski SPR26/0060 Page 2 January 22, 2026 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 District’s December 17th and January 8th Responses On December 17, 2025, the District states, “[a]ll responsive records have already been provided in your previous overlapping request dated November 19, 2025, and no further records exist.” On January 8, 2026, the District stated, “. . . all responsive records have already been provided to Mr. Bruce Forcier.” Current Appeal In his appeal petition, Mr. Forcier contends: A statement that records have already been produced is not equivalent to a certification that no other responsive records or policies exist, particularly where the absence of such policies is itself a material fact. The District’s failure to respond to my December 18, 2025 email constitutes a denial of access under the Public Records Law. Accordingly, I respectfully request that the Supervisor of Public Records determine that the District has failed to comply with M.G.L. c. 66 §10 and order the District to either: 1. Provide a written certification confirming that no additional policies exist as requested; or 2. Identify any such policies with reasonable specificity. In his response, Mr. Forcier states: My appeal does not seek additional records beyond those already produced. 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.

Kari Scytkowski SPR26/0060 Page 3 January 22, 2026 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). In a telephone conversation between a staff attorney of the Public Records Division and the District on January 8, 2025, the District confirmed it has no additional records responsive to the request. Conclusion Where the District confirmed that it does not possess additional records responsive to Mr. Forcier’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Forcier 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, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Bruce C. Forcier