Sanjay Patel v. Foxborough, Town of (SPR 20251589)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2025 SPR25/1589 Robert E. Cutler, Jr. Town Clerk Town of Foxborough 40 South Street Foxborough, MA 02035 Dear Mr. Cutler: I have received the petition of Sanjay Patel appealing the response of the Town of Foxborough (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 9, 2025, Mr. Patel requested the following records “related to [an identified individual] for the period of April 1, 2025 to May 1, 2025:” [1] A log or summary of all emails sent by [an identified individual] during the specified period, including sender, recipient(s), date, and subject line. This request does not seek the content of the emails but only the transactional data to verify activity during her claimed period of absence. [2] Any out-of-office notifications, automatic replies, or similar notices generated by [an identified individual’s] email account during the specified period, as well as any policies or guidelines regarding the required use of such notifications for extended absences by elected officials. [3] Any records indicating attendance at town meetings, including but not limited to meeting minutes, attendance logs, or official correspondence regarding her presence or absence. [4] Any communications indicating that [an identified individual] was unavailable, including notifications sent to residents, town staff, or officials regarding her absence or unavailability. [5] Records of any communications forwarded by [an identified individual] to other town officials or staff members, specifically those relating to my inquiries regarding financial transparency, budget allocations, and interest rates. 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

Robert E. Cutler, Jr. SPR25/1589 Page 2 June 16, 2025 On May 12, 2025, Mr. Patel modified his request to include, “all work-related text and any app used for communication.” The Town responded on May 14, 2025, providing a record responsive and a link to a public website to access additional records. Unsatisfied with the Town’s response, Mr. Patel appealed, and this case, SPR25/1589, 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. 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 May 14th response In its May 14, 2025 response, the Town provided a record responsive to the request and stated the following: [1] I have attached a summary of the emails sent by [an identified individual] during the time specified in your request; [2] The Town has no responsive documents; [3] All of the meeting minutes for meetings held during the specified time frame have been posted to the Select Board website; [4] The Town has no responsive documents; and [5] See response to item No. 1. Current Appeal In his appeal to this office, Mr. Patel states: The Town provided a deficient response that: [c]reated new documents (Excel

Robert E. Cutler, Jr. SPR25/1589 Page 3 June 16, 2025 file) rather than providing existing records[,] [f]ailed to address the expanded scope entirely[,] [p]rovided blanket ‘no responsive documents’ claims without explanation[,] [d]irected me to a website for meeting minutes without certification of completeness[.] [The Town failed] to search available systems: [e]mail headers confirm Office 365/Exchange infrastructure [,] [n]o search of Teams, text messages, or other communication platforms despite expanded request[,] [n]o utilization of available system reports and audit logs[.] Records Available on a Public Website Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See 950 C.M.R. 32.04 (5)(e) (“A records access officer shall . . . to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); see also 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). Therefore, based on Mr. Patel’s petition, I find the Town must provide him with reasonable assistance to enable him to locate the responsive records. Possession, Custody, or Control 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 Mr. Patel’s appeal petition, it is unclear whether the Town possesses additional responsive records. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Mr. Patel with a response to his 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.

Robert E. Cutler, Jr. SPR25/1589 Page 4 June 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Sanjay Patel