Meghan Keegan v. Sandwich, Town of (SPR 20232869)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 12, 2023 SPR23/2869 Taylor D. White Town Clerk Town of Sandwich 100 Route 6A Sandwich, MA 02563 Dear Mr. White: I have received the petition of Meghan Keegan, appealing the response of the Town of Sandwich (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 6, 2023, Ms. Keegan requested the following records: [1.] All purchase orders or documentation pertaining to cost or potential cost of the NIGHTLOCK barricade devices. [2.] All emails to and from NIGHTLOCK company or associated or affiliated representatives. [3.] All emails to and from anyone on the safety advisory committee pertaining to NIGHTLOCK devices. [4.] All emails to and from the facilities director pertaining to the NIGHTLOCK devices including but not limited to the police chief, fire chief, school committee, school committee chair, and the superintendent. Previous appeal This request was the subject of a previous appeal. See SPR23/2643 Determination of the Supervisor of Records (November 14, 2023). In the November 14th determination, I ordered the Town to clarify its claims under Exemption (n) of the Public Records Law. The Town responded on November 28, 2023. Unsatisfied with the response, Ms. Keegan petitioned this office and this appeal, SPR23/2869, was opened as a result. 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

Taylor D. White SPR23/2869 Page 2 December 12, 2023 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. Current appeal In her appeal, Ms. Keegan states that “upon thorough review, it has come to [her] attention that certain files appear to be missing” from the Town’s response. The Town’s November 28th response In its November 28, 2023 response, the Town provided Ms. Keegan with records responsive to her request. Unclear if additional records exist Based on the Town’s response and Ms. Keegan’s appeal, it is unclear if the Town possesses additional records that may be responsive to the 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). 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). Consequently, the Town must clarify whether additional records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Keegan 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.

Taylor D. White SPR23/2869 Page 3 December 12, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Meghan Keegan