Dawn Priest v. Townsend, Town of - Town Clerk (SPR 20252257)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 11, 2025 SPR25/2257 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Dawn Priest appealing the response of the Town of Townsend (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 15, 2025, Ms. Priest requested: [1] Copies of all communications (including, but not limited to, emails, internal memos, meeting minutes, letters, text messages, Facebook posts/comments/direct messages) by [an identified individual] referencing myself… a Townsend resident, by name or implied, between March 10, 2025 and July 15, 2025; [2] Copies of all communications (including, but not limited to, emails, internal memos, meeting minutes, letters, text messages, Facebook posts/comments/direct messages) by [an identified individual] referencing myself… a Townsend resident, by name or implied, between March 10, 2025 and July 15, 2025; [3] Copies of all communications (including, but not limited to, emails, internal memos, meeting minutes, letters, text messages, Facebook posts/comments/direct messages) by [an identified individual referencing myself… a Townsend resident, by name or implied, between March 10, 2025 and July 15, 2025; [4] Copies of all communications (including, but not limited to, emails, internal memos, meeting minutes, letters, text messages, Facebook posts/comments/direct messages) by [an identified individual] referencing myself… a Townsend resident, by name or implied, between March 10, 2025 and July 15, 2025; and [5] Copies of all communications (including, but not limited to, emails, internal memos, meeting minutes, letters, text messages, Facebook posts/comments/direct 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

Harrison C. Mayotte SPR25/2257 Page 2 August 11, 2025 messages) by [an identified individual] referencing myself… a Townsend resident, by name or implied, between March 10, 2025 and July 15, 2025. The Town responded on July 22, 2025 and July 28, 2025, assigning the request reference number 2025-0260. Unsatisfied with the Town’s responses, Ms. Priest petitioned this office and this appeal, SPR25/2257, 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. 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. The Town’s July 22nd and July 28th Responses In its July 22, 2025 response, the Town provided two records responsive to Item 1 of the request. In addition, the Town stated that it was “continuing its search for points 2 through 5 of your request.” On July 28, 2025, the Town provided additional records responsive to Item 5 of the request and stated, “[the Town] is extending the time for response by fifteen (15) business days due to the scope and nature of [the] request… We anticipate providing a further response, including any available records and/or applicable fee estimate, by no later than August 19, 2025.” The Town further responded to Items 2 through 5 of the request as follows: [2] The Town is continuing to search for items responsive to this request. [3] The Town is continuing to search for items responsive to this request. [4] There are no records responsive to this request. [5] Please see attached responsive record. Please also see the attached supplement provided by the named individual in request 5. 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

Harrison C. Mayotte SPR25/2257 Page 3 August 11, 2025 In reply to the Town on the same day, Ms. Priest took issue with several aspects of the “supplement provided by the named individual in request 5,” and made a further request for public records, which is currently the subject of a separate appeal. See SPR25/2258. In addition, Ms. Priest stated, “I acknowledge item 4 of my request is complete. Regarding the response to item 1, I have received the emails sent and am still waiting for the other information, and acknowledge it is partially complete.” In a second response on July 28, 2025, the Town stated, “[r]egarding billing, the Town has not issued any fee estimate and does not intend to as of the current time. If, during the search for items in sections 2 and 3 of the original request, that changes, you will be notified promptly. Regarding point 1, it was stated to me at the time the two emails were provided (paraphrasing) ‘that is all.’” Current Appeal In two separate emails to this office on August 1, 2025, Ms. Priest appealed the Town’s responses to Items 1 and 5 of the request on the basis that the requests were “being represented as complete and [are] not.” Ms. Priest is not appealing the Town’s responses to Items 2 through 4. In an email to this office on August 3, 2025, Ms. Priest provided the following supplemental information: [1] [An identified individual] has engaged on social media claiming I was providing misinformation - however she has not provided any social media content. I attach a screenshot example of an engagement with her. [2] [An identified individual] has mentioned me by name during public meetings... This is evidenced in the recordings of the meetings on the town of Townsend YouTube page. However, minutes of those meetings are not all available through the website, and any mention of me has been omitted from the ones that are… [3] [An identified individual] responded to my request with one social media screenshot. However, she has engaged more than only once on social media in the evening and deleted her content the next morning. I attach a screenshot evidencing that she has engaged more than once and ask she be held accountable to providing all requested information… In a telephone conversation with this office on August 7, 2025, a Town official stated that they could not be certain whether or not additional records responsive to Items 1 and 5 of Ms. Priest’s request exist within other departments of the Town. Based on the information provided in Ms. Priest’s appeal petition and the Town’s responses, it is unclear whether the Town possesses additional records responsive to Items 1 and 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

Harrison C. Mayotte SPR25/2257 Page 4 August 11, 2025 5 of 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). To the extent that additional records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Priest with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations 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. Ms. Priest 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: Dawn Priest 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