Mark Peterson v. Bridgewater, Town of (SPR 20251746)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 1, 2025 SPR25/1746 Blythe Robinson Acting Town Manager Town of Bridgewater 66 Central Square Bridgewater, MA 02324 Dear Ms. Robinson: I have received the petition of Mark Peterson 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 12, 2025, Mr. Peterson requested, [c]opies of all records showing actual expenses or payments made by the Community and Economic Development (CED) Department or the Town of Bridgewater in connection with the event titled: “Bridgewater – Bridging the Vision: Central Square Community Reveal” … Specifically, I am seeking: [1] All records of payments or reimbursements made by CED or the Town of Bridgewater for this event[;] [2] Names of vendors, consultants, or other external recipients paid in connection with the event[;] [3] Associated invoices, receipts, or transaction records showing amounts paid[.] The Town responded on June 17, 2025. Unsatisfied with the Town’s response, Mr. Peterson petitioned this office and this appeal, SPR25/1746, 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). 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 SPR25/1746 Page 2 July 1, 2025 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 June 17th response In its June 17, 2025 response, the Town provided responsive records. Current Appeal In his appeal petition, Mr. Peterson states: The response included only two receipts — one for room rental and one for food….Additional records likely exist. [An identified individual] was professionally involved in the event. A separate public records request confirmed she maintained the guest list (39 names), and the response included two handwritten pages and one printed list of the same names. I can provide those records upon request…. Given her confirmed role, it is reasonable to expect that she or an affiliated entity received compensation, and that records reflecting this should exist. No Duty to Create Records Please note 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). Further, 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). In a telephone call between a staff attorney of the Public Records Division and the Town on June 30, 2025, the Town confirmed that it searched for and has found no additional responsive records to Mr. Peterson’s request.

Blythe Robinson SPR25/1746 Page 3 July 1, 2025 Conclusion Where the Town confirmed that it does not possess additional records responsive to Mr. Peterson’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Peterson is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Mark Peterson