Sirois, Kristin v. Norfolk County Commissioners (SPR 20260591)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 6, 2026 SPR26/0591 Gerard Foye Human Resources Director County of Norfolk 614 High Street, Suite 201 P.O. Box 310 Dedham, MA 02027 Dear Mr. Foye: I have received the petition of Kristin A. Sirois appealing the response of the Norfolk County Commissioners Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 28, 2026, Ms. Sirois requested “the requisitions submitted to your office for the following employees: [a list of three named individuals.]” The Office responded numerous times from February 4, through March 4, 2026. Unsatisfied with the Office’s response, Ms. Sirois petitioned this office, and this appeal, SPR25/0591, 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. 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. 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

Gerard Foye SPR26/0591 Page 2 March 6, 2026 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 Office’s Responses In its February 4, 2026 response, the Office states that “I will work on your request ASAP.” In its February 9, 2026 response, the Office states that “I have forwarded your email to our labor counsel.” In its February 18, 2026 response, the Office indicates that “this is with our labor counsel. I can follow up.” In a March 4, 2026 response, the Office states that “I have followed up with our counsel and he mentioned seeing that the Register of Deeds has filed suit against the County regarding the issue in your email, he is the best contact for questions.” Current Appeal In her appeal petition, Ms. Sirois indicates that she has not received responsive records, and states the following: It is my understanding that as the Director of Human Resources for a county agency ... is in possession, custody and control of the requested documents. These requisitions I requested from him were furnished from our office. I am not seeking any private, privileged, or otherwise exempt information. Records in Existence; Possession, Custody, or Control 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). Based on the Office’s responses, it is unclear whether the Office possesses records responsive to Ms. Sirois’ request. If the Office does possess 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”).

Gerard Foye SPR26/0591 Page 3 March 6, 2026 Conclusion Accordingly, the Office is ordered to provide Ms. Sirois 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. Sirois may further appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Kristin A. Sirois