Damir Davis v. Shirley, Town of (SPR 20250510)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 4, 2025 SPR25/0510 William Oelfke Town Clerk Town of Shirley 7 Keady Way Shirley, MA 01464 Dear Mr. Oelfke: I have received the petition of Damir Davis, of MetroGov Solutions Inc., appealing the response of the Town of Shirley (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 19, 2025, Damir Davis requested the following: [C]opies of all email lists maintained by Shirley MA. This request includes, but is not limited to, the following email databases: 1. Business Database – Any email lists associated with business licenses, registrations, permits, business tax filings, or economic development programs. 2. Dog Licensing Database – Any email lists associated with dog licenses, kennel permits, or other animal control-related communications. 3. Election Worker Database – Any email lists of current or past election workers, including poll workers, election officials, and other individuals engaged in election administration. 4. Website Subscriber List – Any email lists of individuals subscribed to municipal newsletters, emergency alerts, website notifications, or general updates. 5. Boards and Committees Database – Any email lists of members of municipal boards, commissions, and committees, including appointed and elected officials. 6. Recreation and Community Programs – Any email lists of individuals registered for municipal recreation programs, senior center activities, youth programs, or community events. 7. Taxpayer Email List – Any email lists associated with property tax notifications, excise tax billing, or water/sewer billing notifications. 8. Library and Cultural Services – Any email lists related to library 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

William Oelfke SPR25/0510 Page 2 March 4, 2025 cardholders, cultural programs, historical society updates, or educational initiatives. The Town responded on February 19, 2025, denying the request. Unsatisfied with the Town’s response, Damir Davis petitioned this office, and this appeal, SPR25/0510, 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. 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 Town’s February 19th Response In its February 19, 2025 response, the Town states the following: [The Town is] denying your request for this Public Records information on the following grounds: 1. Some of e-mail list that you request do not exist in our Town of Shirley databases. 2. We do not believe this is information that we can provide to you under the Public Records request process. An exemption to the Public Records Request of this type is found in Mass General Law Chapter 4, Section 7 (twenty sixth). In an email to this office on February 24, 2025, the Town further explains the following: It is our belief that personal emails fall into the category of exemption since it is personal information since these are personal e-mail addresses, not work e-mail addresses, regardless of the intent of the request or from what source they are requesting it from.

William Oelfke SPR25/0510 Page 3 March 4, 2025 Burden of Specificity In this case, the Town’s response did not contain the specificity required in a denial of access to public records. Under the Public Records Law, the burden shall be on the custodian to establish the applicability of an exemption to withhold or redact records. Based on the Town’s response, it is unclear which exemption the Town is citing in order to withhold the requested records. Additionally, it is unclear from the Town’s response which specific records the Town intends to withhold. The Town must identify the records, categories of records, or portions of records it intends to withhold, and explain with specificity which exemption of the Public Records Law applies. 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”). See also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511; Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Conclusion Accordingly, the Town is ordered to provide Damir Davis 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. Sincerely, Manza Arthur Supervisor of Records cc: Damir Davis