Dawn Priest v. Townsend, Town of - Town Clerk (SPR 20252535)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 10, 2025 SPR25/2535 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 August 5, 2025 Ms. Priest requested “…all email correspondence between Connolly Printing and any Townsend Fire Dept. employees from May 1, 2025 to date.” The Town responded on August 19, 2025. Unsatisfied with the response, Ms. Priest petitioned this office and this appeal, SPR25/2535, 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. 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 SPR25/2535 Page 2 September 10, 2025 The Town’s August 19th Response In its August 19, 2025 response, the Town stated “[i]t was determined that there are no records responsive to this request.” The Town further responded on August 20, 2025, that Chief Shepherd was the party who performed the search and stated there were no responsive records. Current Appeal In her appeal, Ms. Priest stated “[t]his appeal is filed for the following reason(s): [1] I do not believe that there are no records responsive to this request. [2] I do not believe the department head performed a search for these records. [3] There is shared responsibility of the department head and the IT department regarding electronic records and the IT department was not involved in the search process. In an August 27, 2025 telephone conversation between a staff attorney in the Public Records Division and the Town, it is my understanding that there may be some records responsive to Ms. Priest’s request. Based on Ms. Priest’s claims, in conjunction with the Town’s responses, it is unclear if the Town possesses any records responsive to her 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 any responsive records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Priest with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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