Joy, Paul v. Belmont, Town of (SPR 20260117)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 28, 2026 SPR26/0117 Ellen O’Brien Cushman Town Clerk Town of Belmont 455 Concord Avenue Belmont, MA 02478 Dear Ms. Cushman: I have received the petition of Paul Joy appealing the response of the Town of Belmont (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 4, 2025, Mr. Joy requested the following: All Communications & Documents re: [an identified individual’s] Foreclosure, Appointments, and Property Valuations…. [1] All communications (emails, memos, texts via town devices) between Select Board members, staff, [an identified individual], or any third parties regarding [an identified individual’s] financial status, mortgage delinquency, or foreclosure proceedings (Case 25 SM 003091, filed Oct. 9, 2025 in MA Land Court) from January 1, 2020, to present. [2] Appointment & Vetting records: Full files on [an identified individual’s] appointment to the Board of Assessors (May 2024), including background checks, financial disclosures, references, and any ethics reviews. [3] Valuation Docs: internal notes, comps, abatement applications, or DOR correspondence (if any) related to assessments of … Payson Road from FY2015- 2025. The Town assigned reference number 25-1405 to this request. Prior Appeal The requested records were the subject of a prior appeal. See SPR25/3446 Determination of the Supervisor of Records (December 5, 2025). In my December 5th determination, I ordered 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

Ellen O’Brien Cushman SPR26/0117 Page 2 January 28, 2026 the Town to identify which responsive record(s) it possesses and to clarify how the record(s) can be withheld in their entirety under Exemption (c). The Town responded on December 18, 2025 and January 12, 2026. Unsatisfied with the Town’s responses, Mr. Joy petitioned this office and this appeal, SPR26/0117, 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 specifiTown 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 December 18th and January 12th Responses On December 18, 2025, the Town provided a responsive record and the following response: With respect to the first and third response [Items 1 and 3], the Town has reviewed the Select Board member emails and other documents in the Town’s files and has not identified any relevant emails to date that include any of the requested information. In light of the volume and variety of requests here, and the press of other Town business, the Town will produce any additional documents it locates within fifteen business days pursuant to G.L. c. § 10(b)(vi). The Town will produce records sooner if possible. With respect to the second request [Item 2], a copy of [an identified individual’s] appointment letter to the Board of Assessors is enclosed. The Belmont Select Board does not require additional application materials for staff to be appointed to a committee or board appointment. In its January 12, 2026 response, the Town stated, “[i]n the letter we stated that we would

Ellen O’Brien Cushman SPR26/0117 Page 3 January 28, 2026 send you any further documentation, if said existed, within 15 business days of the date of the letter. That date is today, January 12, 2026. This office does not possess any further documents responsive to your request.” Current Appeal In his appeal petition, Mr. Joy contends: This does not satisfy the Supervisor’s December 5 order (attached), which required detailed justification for withholdings, a balancing test, and segregation/redaction of non-exempt portions. The Town provided no such analysis and has not addressed why no records exist. Further, the only document released—the May 14, 2024 appointment letter (attached)—confirms no background checks or financial disclosures were conducted, yet no related ethics reviews or notes were provided. No Duty to Create Records 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 knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Further, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 10(b)(iii). On January 27, 2026, in a telephone call between a staff attorney of the Public Records Division and the Town, the Town confirmed that there are no additional records responsive to the request. Conclusion Where the Town does not possess any additional records responsive to Mr. Joy’s request, and has no duty to create records responsive to the request, I will consider this administrative appeal closed. If Mr. Joy 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).

Ellen O’Brien Cushman SPR26/0117 Page 4 January 28, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Paul Joy