Peter Herridge v. Truro, Town of - Town Clerk (SPR 20250967)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2025 SPR25/0967 Kelly Clark Town Clerk Town of Truro 24 Town Hall Road Truro, MA 02666 Dear Ms. Clark: I have received the petition of Peter Herridge appealing the response of the Town of Truro (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 13, 2025, Mr. Herridge requested “…copies of any and all public communications (including texts, documents, notes, emails, mail and conversation notes) and attachments thereto initiated and/or received between May 1, 2023 and July 1, 2024.” Specifically, Mr. Herridge sought: [1] Any communications to, from or copying (directly or by blind copy) [an identified individual] with Town of Truro officials, staff and committee members including but not limited to [identified individuals]. [2] Any communications to, from or copying (directly or by blind copy) [an identified individual] with Town of Truro officials, staff and committee members including but not limited to [identified individuals]. [3] Any and all communications regarding voter registration and get out the vote efforts in Truro, Massachusetts during the specified period of time. [4] Any and all communications to, from or copying (directly or by blind copy) [an identified individual] or employees or Board members of the Community Development Partnership regarding housing, voter registration or get out the vote efforts in Truro Massachusetts during the specified period of time. [5] Any and all communications to, from or copying (directly or by blind copy) anyone from Attainable Housing or Highland Affordable Housing regarding 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

Kelly Clark SPR25/0967 Page 2 April 23, 2025 housing, voter registration and get out the vote efforts in Truro Massachusetts during the specified period of time. [6] Any communications during the specified period of time from [identified individuals] to, from or copying (directly or by blind copy) any employee or freelancer at Cape Cod Times regarding voter registration or get out the vote efforts in the Town of Truro including but not limited to [identified individuals]. [7] Any communications during the specified period of time from [identified individuals] to, from or copying (directly or by blind copy) any employee or writer at the Provincetown Independent regarding voter registration or get out the vote efforts in the Town of Truro including but not limited to [identified individuals]. In the case of [identified individuals], please ensure your search includes any email or mobile phone for which communications are in the Town’s possession irrespective if these use personal or official email address or phone. The Town responded on February 13, 2025, February 24, 2025 and March 21, 2025. Unsatisfied with the Town’s responses, Mr. Herridge petitioned this office and this appeal, SPR25/0967, 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.

Kelly Clark SPR25/0967 Page 3 April 23, 2025 The Town’s February 13th, February 24th and March 21st Responses On February 13, 2025, the Town confirmed receipt of Mr. Herridge’s request and stated, “[i]n accordance with Public Records Law, the Town has 10 business days to respond to this request putting your estimated date of record production at February 27, 2025.” When Mr. Herridge inquired about potential production fees, the Town responded on February 24, 2025, and stated, “[w]e were unable to get a GFE to you within 5-business days of initial receipt of your public records request, so we will not be charging a fee to fulfill your request.” Additionally, the Town stated, “[i]t is going to take us longer to fulfill your request. Are you agreeable to moving the deadline out 30-business days from the current February 27 deadline to allow the staff time to fulfill your request?” After Mr. Herridge stated, “…I am only able to offer an extension of 10 additional business days that would put production due on March 13,” and in response to multiple subsequent update inquiries, the Town responded on March 21, 2025, “[w]e are working on processing your request… I’ll be checking in with Town staff on status of records collection today, and should be able to provide you with an update early next week.” Current Appeal In his appeal, Mr. Herridge states, “…the Town has been basically non-responsive to my prompts other than to suggest, back on March 21—a week after the extension I offered voluntarily-- that it would be giving me an update early the following week. Having heard nothing back, I requested both a date certain for production and, sent another reminder on March 28 that the matter was outstanding. There has been no response.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi).

Kelly Clark SPR25/0967 Page 4 April 23, 2025 Where Mr. Herridge’s request was submitted on February 13, 2025, and the Town has not provided responsive records, nor cited an exemption for withholding records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Town must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. Conclusion Accordingly, the Town is ordered to provide Mr. Herridge 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. Mr. Herridge may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Peter Herridge