Brian McWilliams v. Bourne, Town of - Town Administrator (SPR 20252350)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 19, 2025 SPR25/2350 Marlene McCollem Records Access Officer Town of Bourne 24 Perry Avenue Buzzards Bay, MA 02532 Dear Ms. McCollem: I have received the petition of Brian McWilliams appealing the response of the Town of Bourne (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 31, 2025, Mr. McWilliams requested the following: [1] A copy of the relevant phone or communication records showing what numbers were contacted, at what times, and by what method (call, text, or voicemail). [2] Any internal written or verbal statements provided by the staff members involved in handling this incident. The Town responded on August 11 and August 12, 2025. Unsatisfied with the responses, Mr. McWilliams petitioned this office and this appeal, SPR25/2350, 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 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

Marlene McCollem SPR25/2350 Page 2 August 19, 2025 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. See 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 August 11th and August 12th Responses On August 11, 2025, the Town provided Mr. McWilliams with responsive records, and informed him that this represented “…the entirety of the records that apply not only to this incident but more generally to [an identified individual][.]” On August 12, 2025, the Town stated, “[it] do[es] not have any records that are responsive to your request #1. Regardless, attached [is] documentation showing the summer camp phone log for July 30, 2025. None of the calls pertain to [an identified individual]. Relevant names and numbers have been redacted…[there] [are] no records of any text messages sent by the Town regarding [an identified individual] on July 30, 2025.” Current Appeal In his August 12, 2025 petition to this office, Mr. McWilliams stated, “I am submitting this appeal regarding the Town of Bourne’s denial or failure to provide records responsive to my public records request.” Based on Mr. McWilliams petition and the Town’s response, it is unclear whether the Town possesses additional responsive records. 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). Consequently, the Town must clarify whether it possesses additional responsive records. Conclusion Accordingly, the Town is ordered to provide Mr. McWilliams with a response to the 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. Mr. McWilliams may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Marlene McCollem SPR25/2350 Page 3 August 19, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Brian McWilliams