wethepeoplema v. Mansfield Town Clerk (SPR 20252596)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 11, 2025 SPR25/2596 Matthew Todesco Records Access Officer Mansfield Police Department 6 Park Row Mansfield, MA 02048 Dear Mr. Todesco: I have received the petition of wethepeoplema (requestor) appealing the response of the Mansfield Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 7, 2025, the requestor sought: [A]ll records detailing the Town Manager’s approval or denial for any instances of costs incurred by the town with respect to travel and lodging for out-of-state trainings, conferences or meetings attended by employees of the Police Department during the fiscal years 2024 and 2025. The Department responded on August 20, 2025. Unsatisfied with the Department’s response, the requestor petitioned this office and this appeal, SPR25/2596, 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

Matthew Todesco SPR25/2596 Page 2 September 11, 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 Department’s August 20th Response In its August 20, 2025 response, the Department informed the requestor that it would require 15 additional business days to respond to the request. Current Appeal In the August 29, 2025 petition to this office, the requestor contended that the Department’s response did not comply with 950 CMR 32.06(2). The requestor further stated that ten business days was sufficient time to respond to a “targeted and limited” request. Where the Department has indicated that it intends to provide a response within the allowed statutory timeframe, the basis of the requestor’s appeal is unclear. See G. L. c. 66, § 10(b)(vi) (records access officer may 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). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by the requestor in the appeal petition, I am unable to issue a determination at this time. If issues remain once the requestor receives the response they may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: wethepeoplema