Martha Barrows v. Holbrook, Town of - Town Clerk (SPR 20250859)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 8, 2025 SPR25/0859 Jeanmarie Tarara Town Clerk Town of Holbrook 50 North Franklin Street Holbrook, MA 02343 Dear Ms. Tarara: I have received the petition of Martha Barrows appealing the response of the Town of Holbrook (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 10, 2025, Ms. Barrows requested, “the following email communications from January 17, 2025 to present. Could you please ask IT to interpret the meaning of the word ‘present’ as referencing the day the records are actually searched for.… If the search is not made until Weds January 12, 2025, then that would be the day associated with the use of the term ‘present.’” Ms. Barrows then includes four points of communications between several identified email addresses. Previous Appeal This request was the subject of a previous appeal. See SPR25/0572 Determination of the Supervisor of Records (March 10, 2025). In my March 10th determination, I learned the Town intended on providing a supplemental resonse. The Town provided a response on March 24, 2025. Unsatisfied with the Town’s response, Ms. Barrows petitioned this office and this appeal, SPR25/0859, 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). 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

Jeanmarie Tarara SPR25/0859 Page 2 April 8, 2025 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. The Town’s March 24th response In its March 24, 2025 response, the Town refers back to its February 19, 2025 response, which states, “[t]he Town does not possess any records responsive to your request.” Current appeal In her appeal, Ms. Barrows states, “I have attached a copy of an email that met the scope of that request. It was to and from two of the individuals listed on the request, on January 13, 2025. I have attached that email. (Part A) I have also attached the other communications regarding the request…. Can we please ask the Town to check their records again for emails that are responsive to the request? Additionally, I would like to note that email communications should include those who receive the email by being CC’d or BCC’d, as well as being addressed as the direct recipient (ie: ‘To’).” The Town is 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). Additionally, 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 G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, 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). Based on the information provided in Ms. Barrows’ petition, it is unclear whether the Town possesses records responsive to the request. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Ms. Barrows with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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.

Jeanmarie Tarara SPR25/0859 Page 3 April 8, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Martha Barrows