Forcier, Bruce v. South Hadley, Town of - Fire District (SPR 20261324)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 21, 2026 SPR26/1324 Kari Scytkowski Clerk/Treasurer South Hadley Fire District No. 1 144 Newton Street South Hadley, MA 01075 Dear Ms. Scytkowski: I have received the petition of Bruce 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 March 30, 2026, Mr. Forcier requested: . . . copies of public records reflecting all legal fees incurred by Fire District No. 1 / Water District No. 1 regarding SPR22-1997 and 2480CV00009 and paid to: Sullivan, Hayes & Quinn, LLC, including services performed by [an identified individual], for the period September 26, 2025 through March 30, 2026. Specifically, I request: [1] All invoices, billing statements, and itemized time records. [2] Records of payments made, including dates, amounts, check numbers, or electronic payment confirmations. [3] Any engagement letters, amendments, or fee agreements in effect during this period (if not previously provided). [4] Any records reflecting amounts currently owed but not yet paid for services rendered within this timeframe. The District responded on April 10, 2026. Unsatisfied with the District’s response, Mr. Forcier petitioned this office and this appeal, SPR26/1324, 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 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 SPR26/1324 Page 2 April 21, 2026 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 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. Current Appeal In his appeal petition, Mr. Forcier contends, “I would like to appeal this response.” The District’s April 10th Response In its April 10, 2026 response, the District states: The District has reviewed your request and notes that it overlaps with previously submitted records requests dated November 19, 2025, December 15, 2025, and February 10, 2026. To the extent your current request seeks records previously requested, the District refers to its prior responses. In response to the present request, the District has identified no records responsive to your request for the specified time period. Specifically, the District has no records reflecting payments made to Sullivan, Hayes & Quinn, LLC, in connection with SPR22[/]1997 and Superior Court case 2480CV0009 during that timeframe. 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 32 Op. Att’y Gen. 157, 165 (May 18, 1977). On April 21, 2026, in a telephone call between a staff attorney of the Public Records Division and the District, the District confirmed that there are no records responsive to the

Kari Scytkowski SPR26/1324 Page 3 April 21, 2026 request. Conclusion Where the District confirmed that it does not possess records responsive to Mr. Forcier’s request, and this office has no authority to compel the District to create records, I will 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 Forcier