Torzecka, Malgorzata v. Acton, Town of - Town Clerk (SPR 20260197)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2026 SPR26/0197 Leo Mercado Town Clerk Town of Acton 472 Main Street Acton, MA 01720 Dear Mr. Mercado: I have received the petition of Malgorzata Torzecka appealing the response of the Town of Acton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 8, 2025, Ms. Torzecka requested the following related to “Class II used- car dealer licensed in Acton”: [1] All Class II dealer license applications and renewal applications; [2] Any Repair Facility Affidavit, repair-facility agreement, or written off-site mechanic/repair-shop agreement submitted by Valet Pro Detail LLC to demonstrate access to repair facilities sufficient to meet used-vehicle warranty obligations under G.L. c. 140, § 58; [3] Any inspection reports, compliance reviews, correspondence, or determinations concerning the dealer’s licensing fitness; and [4] Any complaints received by the Town regarding Valet Pro Detail LLC from January 1, 2023 to the present, and any Town communications or findings responsive to those complaints. The Town responded on January 9, 2026. Unsatisfied with the response, Ms. Torzecka petitioned this office and this appeal, SPR26/0197, was opened as a result. Subsequently, the Town provided an additional response on January 22, 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 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

Leo Mercado SPR26/0197 Page 2 February 3, 2026 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. See 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. See 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 January 9th Response In its January 9, 2026 response, the Town stated, “I am working with the applicable departments. I will have a formal response to you early next week.” Current Appeal In her January 21, 2026 appeal to this office, Ms. Torzecka stated, “[t]his email serves as a formal appeal of a failure to respond to my public records request, submitted to the appropriate office at the Town of Acton on December 8, 2025, with a remainder [sic] on December 17, 2025, and a demand on January 8, 2026…” In a January 22, 2026 email to Ms. Torzecka and this office, the Town provided records and stated, “[i]n response to this appeal, please find attached all records related to the original request dated December 8, 2025.” In a January 22, 2026 email to the Town and this office, Ms. Torzecka stated the following: The materials produced appear unrelated to my request. I did not request building permits or general property/building-file records, and the production does not address the categories I requested. Accordingly, I am treating the production as non-responsive and request further assistance with the Town’s production of the specific records responsive to my request… In addition, I ask that the Town of Acton confirm in writing which departments and record systems were searched to locate responsive records… If the Town contends that no responsive records exist, please provide a written certification to that effect describing the scope of the search performed…

Leo Mercado SPR26/0197 Page 3 February 3, 2026 In an additional January 22, 2026 email to the Town and this office, Ms. Torzecka appears to expand her request and states the following: I write to request clarification and records regarding the Class II dealer license and dealer bond on file for [an identified business]… I have a copy of a “Second Hand Motor Vehicle Dealer Bond” issued by Western Surety Company…in which the principal appears as “Valet Pro Detailing.” The business that sold the vehicle to me is Valet Pro Detail LLC. I need the Town to confirm the identity of the licensed dealer and the bond(s) on file for that license. Please produce and confirm in writing: [1] A copy of the dealer bond(s) on file for that Class II license, including: [a] the named principal[;] [b] bond number[;] [c] surety company[;] [d] bond amount[;] [e] effective dates/term(s), and[;] [f] any riders/endorsements or corrections; [2] Any documentation submitted to the Town showing that “Valet Pro Detailing” is a DBA/trade name of Valet Pro Detail LLC (or otherwise establishing that the bond principal matches the licensed dealer entity)… Ms. Torzecka is reminded that a requestor may petition the Supervisor of Records (Supervisor) only after a written request has been made to the records access officer (RAO) of the governmental entity that creates or receives the records. 950 C.M.R. 32.01(1). Additionally, the written request must reasonably describe the public records sought. Id. Whereas the request for “dealer bond(s)” and “[a]ny documentation submitted to the Town showing that “Valet Pro Detailing” is a DBA/trade name of Valet Pro Detail LLC…” was not made directly to the Town’s RAO in Ms. Torzecka’s original request, I decline to opine on that matter. If Ms. Torzecka would like to obtain copies of these records, Ms. Torzecka is advised that she should make a separate public records request to the Town’s RAO. Ms. Torzecka may then appeal the substantive nature of the Town’s response within ninety (90) calendar days. See 950 C.M.R. 32.08(1); see also Jaideep Chawla v. Dept of Revenue, Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019) (holding that “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.”). Records in Existence Further, Ms. Torzecka states in her initial January 22nd email, “[t]he materials produced appear unrelated to my request… Accordingly, I am treating the production as non-responsive and request further assistance with the Town’s production of the specific records responsive to my request…”

Leo Mercado SPR26/0197 Page 4 February 3, 2026 Based on Ms. Torzecka’s claim, I find the Town must clarify whether it possesses records responsive to Ms. Torzecka’s December 8th 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). Consequently, the Town must clarify whether it possesses responsive records. Conclusion Accordingly, the Town is ordered to provide Ms. Torzecka 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. Torzecka may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Malgorzata Torzecka