Nick Puleo v. Marshfield, Town of - Office of the Select Board (SPR 20252126)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 31, 2025 SPR25/2126 Amanda Dustin Records Clerk Town of Marshfield 870 Moraine Street Marshfield, MA 02050 Dear Ms. Dustin: I have received the petition of Nick Puleo, of South Shore Times, appealing the response of the Town of Marshfield (Town) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On July 1, 2025, Mr. Puleo requested the following records between April 1, 2025, and July 1, 2025: [1] Emails, text messages, or other communications between Select Board [an identified individual] and [an identified individual] regarding the Marshfield Police Department or its employees. [2] Communications between [identified individuals] on the same topic. [3] Communications between [identified individuals] regarding the department or its employees. [4] Communications between [identified individuals] about the Marshfield Police Department. [5] A copy of the June 25, 2025 email from [an identified individual] to Chief ... including visible and blind recipients. [6] Any records or recordings of phone calls from Chief ... to [identified individuals] in the stated time frame. This final item was provided by the town and is not the subject of this appeal. The Town responded on July 3, 2025 and July 18, 2025. Unsatisfied with the responses, Mr. Puleo petitioned this office and this appeal, SPR25/2126, 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 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

Amanda Dustin SPR25/2126 Page 2 July 31, 2025 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. Current appeal In his July 18, 2025 appeal, Mr. Puleo states, “... the Town has failed to produce responsive documents or to demonstrate a legally valid exemption ... We have credible evidence that responsive communications exist ...” The Town’s July 3rd and July 18th response In its July 3, 2025 response, the Town stated, [a]ttached is the recording that was requested. The rest of the information will have to come from Marshfield Town Hall or the Select Board so you will have to put in a request to them.” In its July 18, 2025 response, the Town stated, “... the Select Board office is sending you what she and the Town were able to locate. There are no documents being withheld. A search was made by the Town’s IT department on town devices and computers.” Based on the Town’s responses, in conjunction with Mr. Puleo’s appeal, it is unclear if the Town possesses additional records responsive to the request. 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). However, 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). Consequently, the Town must clarify whether additional responsive records exist. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Town is ordered to provide Mr. Puleo with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations

Amanda Dustin SPR25/2126 Page 3 July 31, 2025 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. Puleo 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: Nick Puleo