George and Jen Burden v. Lunenburg, Town of (SPR 20252533)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 8, 2025 SPR25/2533 Jennifer Warren-Dyment Town Manager Town of Lunenburg 17 Main Street Lunenburg, MA 01462 Dear Ms. Warren-Dyment: I have received the petition of George and Jennifer Burden appealing the response of the Town of Lunenburg (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 29, 2025, Mr. and Mrs. Burden requested the following for the period of January 1, 2025 to July 29, 2025: [1] All telephone records and billing statements showing the times and durations of calls made to or from any landline numbers associated with the Lunenburg Police Department[;] [2] All telephone records and billing statements showing the times and durations of calls made to or from any cellular/mobile devices assigned to Lunenburg Police Department officers or staff, or any mobile device under the control of the department. Previous Appeal This request was the subject of a previous appeal. See SPR25/2444 Determination of the Supervisor of Records (August 25, 2025). In my August 25th determination, I learned the Town provided a supplemental response on August 23, 2025. Unsatisfied with the Town’s response, Mr. and Mrs. Burden petitioned this office and this appeal, SPR25/2533, 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 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

Jennifer Warren-Dyment SPR25/2533 Page 2 September 8, 2025 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. 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 23rd Response In its August 23, 2025 response, the Town provided redacted records and cited G. L. c. 66, § 10B as it operates through Exemption (a) of the Public Records Law in support of the redactions. Current Appeal In their August 26, 2025 appeal to this office, Mr. and Mrs. Burden stated, “[w]e have concerns regarding the redactions applied. Specifically, certain phone numbers were redacted while others were not…Additionally, [the Town] has not identified which records have been provided, nor clarified the departments to which the phone numbers belong. It is also unclear whether all records for all numbers have been included. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that

Jennifer Warren-Dyment SPR25/2533 Page 3 September 8, 2025 such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. In its response, the Town relied upon G. L. c. 66, § 10(B), which states: The commissioner of the department of criminal justice information services, the department of criminal justice information services and its agents, servants, and attorneys including the keeper of the records of the firearms records bureau of said department, or any licensing authority, as defined in section 121 of chapter 140, shall not disclose any records divulging or tending to divulge the names and addresses of persons who own or possess firearms, rifles, shotguns, machine guns and ammunition therefor, as defined in said section 121 of said chapter 140, and names and addresses of persons licensed to carry or possess the same to any person, firm, corporation, entity or agency except criminal justice agencies as defined in section 167 of chapter 6 and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request. The home address, personal email address and home telephone number of law enforcement, judicial, prosecutorial, department of youth services, department of children and families, department of correction and any other public safety and criminal justice system personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180 or to criminal justice agencies as defined in said section 167 of said chapter 6. The name, home address, telephone number and personal email address of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed. The home address, telephone number, personal email address or place of employment or education of victims of adjudicated crimes, of victims of domestic violence and of persons providing or training in family planning services and the name, home address, telephone number, personal email address or place of employment or education of a family member of any of the foregoing shall not be public records in the custody of a government agency which maintains records

Jennifer Warren-Dyment SPR25/2533 Page 4 September 8, 2025 identifying such persons as falling within such categories and shall not be disclosed. The home address, personal email address, home telephone number or mobile telephone number of an employee of an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of a political subdivision thereof, or of an authority established by the general court to serve a public purpose, in the custody of the governmental entity that maintains records identifying persons as falling within those categories shall not be public records; provided, however, that the information may be disclosed only to an employee organization whose written aims and objectives on file with the department of labor relations are to represent public employees in collective bargaining under chapter 150E or under chapter 150A for employees of a public authority subject to said chapter 150A by chapter 760 of the acts of 1962, a nonprofit organization for retired public employees under chapter 180, a criminal justice agency as defined in section 167 of chapter 6 or as otherwise required by law. The home address, personal email address, home telephone number or mobile telephone number of a family member of an employee that is contained in a record in the custody of a government agency that maintains records identifying employees of an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of a political subdivision thereof, or of an authority established by the general court to serve a public purpose shall not be a public record. G. L. c. 66, § 10(B). Based on Town’s response, it is unclear how the redacted information is restricted from disclosure under G. L. c. 66, § 10B, as it operates through Exemption (a). The Town merely cites the statute without any further explanation as to the statute’s applicability to the responsive records. A records custodian is required to not only cite an exemption but to specifically explain the applicability of the exemption to the requested records for compliance with the Public Records Law. G. L. c. 66, § 10(b)(iv). The Town must clarify these matters. Additionally, based on Mr. and Mrs. Burden’s appeal 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. and Mrs. Burden 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

Jennifer Warren-Dyment SPR25/2533 Page 5 September 8, 2025 pre@sec.state.ma.us. Mr. and Mrs. Burden 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: George and Jennifer Burden