Cindy King v. Townsend, Town of (SPR 20252403)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 27, 2025 SPR25/2403 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street West Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Cindy King 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 May 30, 2025, Ms. King requested “all emails sen[t] and received to and from [a specified email address] including those deleted by [an identified individual], forwarded and all attachments from the period January 7, 2025 to February 28, 2025.” Prior Appeal This request was the subject of a prior appeal. See SPR25/1731 Determination of the Supervisor of Records (July 1, 2025). In my July 1st determination, I learned that the Town provided Ms. King with a response dated June 17, 2025. Unsatisfied with the June 17th response, Ms. King petitioned this office and this appeal, SPR25/2403, 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 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 SPR25/2403 Page 2 August 27, 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. 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 stated that it “is extending the time for response by fifteen (15) business days due to the scope and nature of your request… At this time, we do not have any responsive records immediately available for production. We anticipate providing a further response, including any available records and/or applicable fee estimate, by no later than July 7, 2025.” Current Appeal In her appeal Ms. King states, “I am appealing again the Public Records Request I filed on May 30, 2025… I have yet to receive the records I requested from the town. I have no word whatsoever about any plan to provide them to me. I am still requesting these records.” Timeliness in providing records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. King’s request was submitted on May 30, 2025, and the Town has not provided responsive records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Town must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis.

Harrison C. Mayotte SPR25/2403 Page 3 August 27, 2025 Conclusion Accordingly, the Town is ordered to provide Ms. King 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. King may appeal the substantive nature of the Town’s supplemental response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Cindy King