Jonathan Merrigan v. Southborough, Town of - Police Department (SPR 20251514)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 3, 2025 SPR25/1561 James Carver VIA EMAIL Dear Mr. Carver: I have received your letter appealing the response of the Town of Westwood to your request for records. I have directed a member of my staff, Mairead Kelly, to review this matter. Upon completion of the review, I will advise you in writing of the disposition of this case. If in the interim you receive a satisfactory response to your request, please notify this office immediately. Any further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Sincerely, Manza Arthur Supervisor of Records cc: Molly Fitzpatrick 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

From: James Carver To: Abbott, Renee (SEC) Cc: SEC-DL-PREWEB; SEC-DL-PREWEB Subject: Re: Determination - SPR25/1433 Date: Tuesday, June 3, 2025 11:47:30 AM Dear Ms. Abbott, I am writing regarding your June 2, 2025 determination closing administrative appeal SPR25/1433. Your letter states that the Town of Westwood issued a supplemental response to me on May 23, 2025. I respectfully clarify that the Town’s May 23 submission was not a supplemental production of records, but rather a letter addressed to your office reiterating their prior position. I was copied on that letter, but I did not receive any additional records or further clarification in response to my original request. The issues raised in my appeal remain unresolved, including: Whether any documentation exists to support the $84,000 disbursement, such as recipient-level or aggregate data; Whether any FY2024 reports from the Aid to the Elderly and Disabled Tax Fund Committee exist; Whether records identifying online donations by date and amount exist; Whether any exemptions under M.G.L. c. 4 §7(26) were relied upon for withholding information. Because no additional responsive records were provided and no substantive response was made to the appeal issues, I respectfully request that appeal SPR25/1433 be reopened. If that is not procedurally possible, I would appreciate your guidance on submitting a new appeal under 950 CMR 32.08(1) to challenge the substance of the Town’s response. Thank you for your attention to this matter and for your continued efforts to ensure transparency and accountability in public records access.

Sincerely, James Carver On Mon, Jun 2, 2025 at 1:23 PM Abbott, Renee (SEC) <Renee.Abbott@sec.state.ma.us> wrote: Hello, Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx. If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us. Thank you, Renée Abbott Office of the Secretary of the Commonwealth Public Records Division One Ashburton Place, Room 1719 Boston, MA 02108 617-727-2832

From: Molly Fitzpatrick To: Eberman, Clare (SEC) Cc: SEC-DL-PREWEB; James Carver; Dottie Powers Subject: RE: SPR25/1433 Appeal Acknowledgment Date: Friday, May 23, 2025 10:05:30 AM Attachments: Response to SPR 1433.pdf Please see attached regarding SPR 1433 Molly Fitzpatrick, MPA (she/her/hers) Deputy Town Administrator Westwood Town Hall 580 High Street Westwood, MA 02090 From: Eberman, Clare (SEC) <Clare.Eberman@sec.state.ma.us> Sent: Wednesday, May 21, 2025 4:29 PM To: Dottie Powers <dpowers@westwoodma.gov>; townclerk@townhall.westwood.ma.us Cc: SEC-DL-PREWEB <SEC-DL-PREWEB@sec.state.ma.us>; jamescarver416@gmail.com Subject: SPR25/1433 Appeal Acknowledgment CAUTION: This email originated from outside of the Town of Westwood Email System. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Records Custodian, Please be aware, this office has received an appeal relating to your entity’s response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us or 617-727-2832. Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible. Thank you, Clare Eberman, Esq. (she, her, hers) Staff Attorney | Office of the Secretary of the Commonwealth Public Records Division One Ashburton Place, Room 1719 Boston, MA 02108 617-727-3415

The Attorney General has determined that email correspondences are public records unless the content of the email falls with one of the stated exemptions under the Public Records Laws The Attorney General has determined that email correspondences are public records unless the content of the email falls with one of the stated exemptions under the Public Records Laws The Attorney General has determined that email correspondences are public records unless the content of the email falls with one of the stated exemptions under the Public Records Laws Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here.

Clare Eberman Public Records Division May 22, 2025 Dear Ms. Eberman, I am writing in response to SPR25/1433. On May 5, 20025, Mr. Carver submitted the following request: Dear Records Access Officer, I am writing to request access to public records pursuant to the Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10). I am seeking existing records related to the financial transactions of the Aid to the Elderly and Disabled Tax Fund in the Town of Westwood, MA, for Fiscal Year 2024. Specifically, I am requesting copies of the following records, if they exist: 1. Transaction logs or ledgers detailing deposits, withdrawals, or disbursements for the Aid to the Elderly and Disabled Tax Fund. 2. Financial statements or reports summarizing the fund’s activity, including donations received and payments made for tax relief or other purposes. 3. Any annual or periodic reports prepared by the Aid to the Elderly and Disabled Tax Fund Committee regarding the fund’s financial status or transactions. 4. Records of online donations made to the fund, as referenced on the Town’s website, including dates and amounts. I understand that the Town is not required to create new records under the Public Records Law. Therefore, I am requesting only those records that currently exist in the custody of the Town, such as those maintained by the Tax Collector’s Office, Finance Department, or the Aid to the Elderly and Disabled Tax Fund Committee. If certain records are publicly available on the Town’s website, please direct me to the specific location. If the exact records described above do not exist, please inform me of any alternative records that may contain similar information about the fund’s transactions. Additionally, if fulfilling this request will incur fees, please provide an estimate of the costs in advance, as outlined in 950 CMR 32.08. Please respond within 10 business days, as required by law, to confirm receipt of this request and provide an estimated timeline for the provision of the records. You may contact me at jamescarver416@gmail.com if you need clarification or have questions about this request. This was a follow up to a similar request made on April 10: Dear Records Access Officer, This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records: A list of recipients who applied to the Aid to the Elderly and Disabled Tax Fund in 2024, including their addresses. The amount of tax relief each recipient received. Any additional public records related to this list. I would prefer to receive these records in electronic format, delivered via email to jamescarver416@gmail.com. Should you require further details to process this request, please do not hesitate to contact me at the same email address. I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request. The Public Records Law requires you to provide me with a written response within 10 business days. If you cannot comply with my request, you are statutorily required to provide an explanation in writing. Sincerely, James Carver

Both of Mr. Carver’s requests were responded to appropriately, the April 10th request ion April 11 and the May 5th request on May 15th Mr. Carver has been provided all of the relevant documents in the possession of the Town. As you are aware, the Town is not required to create additional reports or documentation to answer a public records request. Please let us know if any further information is required. Sincerely, Molly Fitzpatrick Molly Fitzpatrick Deputy Town Administrator Town of Westwood

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 2, 2025 SPR25/1433 Dorothy A. Powers Town Clerk Town of Westwood Town Hall 530 High Street Westwood, MA 02090 Dear Ms. Powers: I have received the petition of James Carver appealing the response of the Town of Westwood (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 5, 2025, Mr. Carver requested the following records related to the financial transactions of the Aid to the Elderly and Disabled Tax Fund for Fiscal Year 2024: [1] Transaction logs or ledgers detailing deposits, withdrawals, or disbursements for the Aid to the Elderly and Disabled Tax Fund[;] [2] Financial statements or reports summarizing the fund’s activity, including donations received and payments made for tax relief or other purposes[;] [3] Any annual or periodic reports prepared by the Aid to the Elderly and Disabled Tax Fund Committee regarding the fund’s financial status or transactions[;] [4] Records of online donations made to the fund, as referenced on the Town’s website, including dates and amounts. The City responded on May 15, 2025. Unsatisfied by the response, Mr. Carver petitioned this office and this appeal, SPR25/1433, was opened as a result. Subsequently, I learned that the Town provided Mr. Carver with a supplemental response on May 23, 2025. Where this appeal was opened as a result of the Town’s May 15th response, I will now consider this administrative appeal closed. Mr. Carver may appeal the substantive nature of the Town’s May 23rd 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

Dorothy Powers SPR25/1433 Page 2 June 2, 2025 Sincerely, Manza Arthur Supervisor of Records cc: James Carver Molly Fitzpatrick

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 21, 2025 SPR25/1433 James Carver VIA EMAIL Dear James Carver: I have received your letter appealing the response of the Town of Westwood to your request for records. I have directed a member of my staff, Clare Eberman, Esq., to review this matter. Upon completion of the review, I will advise you in writing of the disposition of this case. If in the interim you receive a satisfactory response to your request, please notify this office immediately. Any further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Sincerely, Manza Arthur Supervisor of Records cc: Ms. Dottie Powers 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

From: James Carver To: SEC-DL-PREWEB Subject: Appeal of Incomplete Response to May 5, 2025, Public Records Request – Town of Westwood Date: Wednesday, May 21, 2025 10:25:12 AM Attachments: DOC_05152025091006.pdf DOC(1)_05152025091012.pdf The Town’s response.pdf My original request (May 5, 2025).png Dear Supervisor of Public Records, I am appealing the Town of Westwood’s response (dated May 15, 2025) to my public records request submitted on May 5, 2025, under M.G.L. Chapter 66, Section 10, as it was incomplete and failed to fully address my request for records related to the Aid to the Elderly and Disabled Tax Fund for Fiscal Year 2024. I respectfully request your intervention to compel the Town to provide the missing records or confirm their non-existence. Background: On May 5, 2025, I requested the following records: 1. Transaction logs or ledgers detailing deposits, withdrawals, or disbursements for the Aid to the Elderly and Disabled Tax Fund. 2. Financial statements or reports summarizing the fund’s activity, including donations received and payments made for tax relief or other purposes. 3. Annual or periodic reports prepared by the Fund Committee regarding the fund’s financial status or transactions. 4. Records of online donations, including dates and amounts. The Town’s response on May 15, 2025, included: A “2024 Summary Revenue / Expense Report” and a “2024 Revenue / Expense Report,” which detail $11,355.44 in donations and a single $84,000.00 expenditure labeled “aid to elderly tax payment” (dated 03/13/2024). A reference to page 54 of the 2023 Annual Town Report, which covers FY2023, not FY2024.

Grounds for Appeal: The response is incomplete for the following reasons: 1. Incomplete Disbursement Details (Items 1 and 2): My request sought detailed records of disbursements, including payments made for tax relief or other purposes. The “2024 Revenue / Expense Report” lists a single expenditure of $84,000.00 (“aid to elderly tax payment”) but provides no details on recipients, individual payment amounts, or the process for determining allocations. The Town did not confirm whether additional records exist (e.g., payment breakdowns, committee decisions) or cite exemptions under M.G.L. c.4, §7(26) for withholding such records. If personally identifiable information is exempt, redacted or aggregate data (e.g., number of recipients and total amounts) should have been provided. 2. Non-Responsive Committee Reports (Item 3): My request specified FY2024 committee reports. The provided 2023 Annual Town Report covers FY2023, not FY2024. The Town did not provide FY2024 reports or confirm their non-existence, failing to fully address this item. 3. Unclear Online Donation Records (Item 4): The provided reports list donation transactions but do not specify which, if any, were made online, as requested. The Town did not confirm whether separate records of online donations exist or provide alternative records. 4. Failure to Address Non-Existent Records: My request explicitly asked to be informed if records do not exist and to receive alternative records with similar information. The Town’s response did not address whether additional records exist for the $84,000.00 expenditure, FY2024 committee reports, or online donations, nor did it offer alternatives. Requested Relief: I respectfully request that the Supervisor of Public Records direct the Town of Westwood to: 1. Provide all existing records detailing the $84,000.00 expenditure, including recipient counts, individual payment amounts, and allocation criteria, or confirm their non- existence. 2.

Provide FY2024 annual or periodic reports by the Aid to the Elderly and Disabled Tax Fund Committee, or confirm their non-existence. 3. Provide records specifically identifying online donations with dates and amounts, or confirm their non-existence. 4. If any records are exempt, provide redacted versions or aggregate data and cite specific exemptions under M.G.L. c.4, §7(26). 5. Confirm whether all responsive records have been provided or identify any additional records. Attached Evidence: My original request (May 5, 2025). The Town’s response (May 15, 2025), including “2024 Summary Revenue / Expense Report” and “2024 Revenue / Expense Report.” Please contact me at jamescarver416@gmail.com for any clarification. I appreciate your assistance in ensuring compliance with the Massachusetts Public Records Law. Sincerely, James Carver

5/21/25, 9:15 AM Gmail - Request# 2025-0133 : Response to your Request James Carver <jamescarver416@gmail.com> Request# 2025-0133 : Response to your Request 1 message foiadirect@townforms.com <foiadirect@townforms.com> Thu, May 15, 2025 at 9:11 AM To: jamescarver416@gmail.com Cc: smcmanus@townhall.westwood.ma.us, dpowers@townhall.westwood.ma.us Please click here to download your response document(s). Please DO NOT reply to this email !! Please use the email address of the sender at bottom of this email, in order to communicate with the request management team. Westwood, MA Public Record Request Number:2025-0133 Requester: James Carver Request Date: Monday, May 5, 2025 2:15:40 PM Response Due Date: Monday, May 19, 2025 Dear James Carver: We have completed the work in reference to your request as referenced above. The response is given below. Request Response 1 - see attached report 2 - see attached report 3 - the aid to the elderly fund has a report each year in the Annual Town Report for Westwood: https://www. townhall.westwood.ma.us/government/annual-town-reports For 2023, see page 54 of the report. 4 - see attached report Attachments This response may or may not contain separate Response Documents to include specific response and data. In case such separate response documents exist, they are represented by attachments to this response email. Therefore, please look for any attachments if they exist. Between Request Response and attachments, we believe you are receiving a comprehensive response to your request. If you have any questions or comments, please do not hesitate to contact us at the following email address. Thank you. Stephanie McManus, Department Power Reviewer Finance Department Westwood 580 High Street Westwood, MA 02090 Tel: (781)-320-1010 x1010 Email: smcmanus@townhall.westwood.ma.us 2 attachments DOC(1)_05152025091012.pdf 17K https://mail.google.com/mail/u/0/?ik=0b615685dc&view=pt&search=all&permthid=thread-f:1832192236644709836&simpl=msg-f:1832192236644709836 1/2

5/21/25, 9:15 AM Gmail - Request# 2025-0133 : Response to your Request DOC_05152025091006.pdf 79K https://mail.google.com/mail/u/0/?ik=0b615685dc&view=pt&search=all&permthid=thread-f:1832192236644709836&simpl=msg-f:1832192236644709836 2/2