Veronica Flytrap v. Townsend, Town of (SPR 20250966)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 22, 2025 SPR25/0966 Kathleen M. Spofford Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Ms. Spofford: I have received the petition of Veronica Flytrap appealing the response of the Town of Townsend (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 10, 2025, Ms. Flytrap sought the following: All communications concerning Town of Townsend official business sent or received by [an identified individual] utilizing any personal (non-town-issued) device, account, or electronic address, including but not limited to: [1] Emails sent or received from [an identified individual’s] personal email account(s); [2] Call logs between [an identified individual’s] personal phone number(s) and any town-issued telephone numbers or other phone numbers where conversations regarding official town business occurred; [3] Text messages (SMS/MMS), instant messages, direct messages, or other electronic communications transmitted via [an identified individual’s] personal cell phone, personal social media accounts, or any instant messaging or electronic messaging platform, concerning [the identified individual’s] official duties or Town matters; [4] Browser search history conducted from personal electronic devices or accounts used by [an identified individual] from January 1, 2020, through the date of your receipt of this request, specifically encompassing all searches related directly or indirectly to official Town . . . business, policies, procedures, decisions, projects, personnel, or events. . . . [T]his explicitly includes all browser searches performed on [an identified individual’s] personal devices or accounts during any public meeting at which [the identified individual] participated, irrespective of content. 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

Kathleen M. Spofford SPR25/0966 Page 2 April 22, 2025 The Town responded on March 11, 2025 and March 19, 2025. Subsequently, in an email to the Town dated March 24, 2025, Ms. Flytrap modified her request to include the following from “January 1, 2020 – March 10, 2025[:]” [1] . . . Emails from Personal Email Accounts . . . [:] . . . [E]mails sent to or received by [an identified individual] using any personal (non-Town-issued) email account, where the subject matter relates to official Town of Townsend business. . . . [2] . . . Call Logs from Personal Phones . . . [:] . . . [L]ogs of phone calls made or received using [an identified individual’s] personal phone number(s) where official Town business was discussed. . . . [3] . . . Text, Instant, and Direct Messages from Personal Accounts . . . [:] . . . [A]ny messages exchanged via SMS, MMS, Facebook Messenger, WhatsApp, Instagram, Signal, or other electronic messaging platforms or apps on [an identified individual’s] personal devices that pertain to official Town business. . . . [4] . . . Browser Search History from Personal Devices . . . [:] . . . If [an identified individual] used [their] personal device to perform browser searches during Select Board meetings or while conducting Town-related business, then that history constitutes public records subject to retention and disclosure. . . . Accordingly, I request: [a] A written certification under the penalties of perjury that no responsive browser search history exists and that no such records have been deleted, altered, or concealed; [b] A statement regarding whether [an identified individual] used personal devices to conduct browser searches in the course of [their] official duties; [c] Disclosure of any applicable Town policy regarding the retention of public records, including digital activity generated on personal devices used to perform official functions. The Town responded to Ms. Flytrap’s modified request on April 3, 2025, providing a fee estimate. Objecting to the fees, Ms. Flytrap petitioned this office, and this appeal, SPR25/0966, was opened as a result. Subsequent to the opening of this appeal, I learned that the Town intends to provide a supplemental response to Ms. Flytrap. Accordingly, said response must be provided in a manner consistent with 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. If issues remain unresolved, Ms. Flytrap may appeal the substantive nature of the Town’s supplemental response within ninety (90) days. See 950 C.M.R. 32.08(1).

Kathleen M. Spofford SPR25/0966 Page 3 April 22, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Veronica Flytrap Alexander M. Castro, Esq.