George Bahnan v. Southborough, Town of (SPR 20243112)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 2, 2024 SPR24/3112 Mark J. Purple Town Administrator Town of Southborough 17 Common Street Southborough, MA 01772 Dear Mr. Purple: I have received the petition George T. Bahnan, Esq. appealing the response of the Town of Southborough (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 25, 2024, Attorney Bahnan requested, “any and all text messages by and between Southborough Planning Board members related to any and all Town business within the last twelve (12) months.” On September 26, 2024, Attorney Bahan modified his request “to also include [an identified individual’s] text messages as well.” The Town responded on October 11, 2024, and provided an additional response on the same date, which included responsive records. On October 23, 2024, Attorney Bahan clarified the request and stated, “our request is not limited to group chats only, and that individual text messages by and between the Planning Board members and [an identified individual] should also be produced.” Unsatisfied with the Town’s responses, Attorney Bahan petitioned this office and this appeal, SPR24/3112, was opened as a result. Subsequent to the opening of this appeal, I learned that the Town intends on providing a subsequent response to Attorney Bahnan. Accordingly, the Town is ordered to provide Attorney Bahnan with said response in accordance with the Public Records Law, its Regulations and this order 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. Attorney Bahnan may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). 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

Mark J. Purple SPR24/3112 Page 2 December 2, 2024 Sincerely, Manza Arthur Supervisor of Records cc: George T. Bahnan, Esq.