Jonathan Loeb, Esq. v. Bridgewater, Town of - Office of the Town Manager (SPR 20251745)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 25, 2025 SPR25/1745 Blythe Robinson Acting Town Manager Town of Bridgewater 66 Central Square Bridgewater, MA 02324 Dear Ms. Robinson: I have received the petition of Jonathan Loeb, Esq., of Rich May, P.C., on behalf of Mike Flaherty III, of MEM Realty Trust, appealing the response of the Town of Bridgewater (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 2, 2025, Mr. Flaherty requested “… all Approved Change Orders to the SLR, Manafort Transit Joint Venture for Dam Removal and High Street Bridge Repair.” The Town responded on June 3, 2025. Unsatisfied with the response, Attorney Loeb petitioned this office and this appeal, SPR25/1745, 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. 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

Blythe Robinson SPR25/1745 Page 2 June 25, 2025 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 June 3rd Response In its June 3, 2025 response, the Town stated: Based upon the foregoing and the fact that your Attorney has provided the Town legal notice pursuant to Massachusetts General Laws, Chapter 21E, § 4A(b), the Town of Bridgewater considers this matter to be in the active litigation process. Accordingly, under 950 CMR 32, the Town respectfully declines to produce the requested documents at this time as it anticipates that applicable and relevant documentation may be subsequently provided to your Attorney in compliance with properly served discovery requests in this matter. Current Appeal In his June 17, 2025 petition to this office, Attorney Loeb stated that there was no litigation or mediation related to the requested records. Attorney Loeb further stated that the Town’s response was insufficient under the Public Records Law. The Town’s response did not contain the specificity required in a denial of access to public records. The Town must either provide the requested records or cite an exemption to the Public Records Law and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Town is ordered to provide Attorney Loeb with a response to the 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. Attorney Loeb may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1).

Blythe Robinson SPR25/1745 Page 3 June 25, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Loeb, Esq. Jason M. Rawlins, Esq.