Requesting records from the town: progress with my request for Lancaster payroll data

 

I wrote an earlier blog post, back on April 22nd, about how I was going to request Lancaster's payroll data from 2020 and 2021 to try to produce a report like this one from the Telegram & Gazette:

What did Worcester City Employees Make in 2021?

I did receive a response today, saying that my public records request was denied.

Russ,

I have been advised that this type of report is not maintained by the town as an outside payroll company handles the payroll. Please be advised that the Town’s duty to respond to records requests extends only to records that are in existence and in the custody of the Town, and the Town is under no obligation to create records in response to your request.

You may appeal this response to the Supervisor of Public Records pursuant to 950 CMR 32.08(1)(d). You may also seek judicial review of an unfavorable response by commencing a civil action in the superior court, under G.L. c. 66, §10A(c).

Sincerely,
Lisa J. Johnson

I assume the data does exist in a database, and I assume that there's a report that shows it, but the premise for denying the request is that the town isn't the custodian, a payroll company is.   Is it possible that public records become inaccessible if they're stored with a third party?   I looked through the guide the state publishes ("A Guide to the Massachusetts Public Records Law") and I think it might cover this issue:

Agency Relationship 

Where a public entity contracts with a third party to fulfill its public duties, and the public entity exercises control over that third party, an agency relationship is created. See Fifty-one Hispanic Residents of Chelsea v. School Committee of Chelsea, 421 Mass. 598, 607 (1996) (while subject to control of a public entity as a principal for purposes of performing public duties, private university is a public agent). Wherever a record custodian keeps original public records in a location other than the government building, the custodian has a duty to make the public records available in a location convenient to the general public for inspection and copying.

So, I did appeal the denial: we'll see what the state thinks.    There's a state "Public Records Division" that processes these appeals and they seem to respond pretty quickly -- it's as easy as sending an email to an address:  Public Records: Appealing a Denial of Access to Public Records in Massachusetts (state.ma.us)