Mark Peterson v. Bridgewater, Town of - Office of the Town Manager (SPR 20252618)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 15, 2025 SPR25/2618 Blythe Robinson Acting Town Manager Town of Bridgewater 66 Central Square Bridgewater, MA 02324 Dear Ms. Robinson: I have received the petition of Mark Peterson appealing the response of the Town of Bridgewater (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 4, 2025, Mr. Peterson requested: [C]opies of any records in the custody of the Town related to a phone call between the Town and a staff attorney of the Massachusetts Public Records Division that took place on June 30, 2025. Specifically, I am requesting: [1] Any notes, emails, internal communications, call logs, calendar entries, or other documentation that identify (by name or title) the Town employee(s) who participated in that call or provided the confirmation referenced; [2] Any summary or contemporaneous record of the substance of the call, including confirmation that the Town ‘searched for and has found no additional responsive records’; [3] Any follow-up communications within the Town regarding the call or the subject of the appeal. The Town responded on August 14, 2025. Unsatisfied with the Town’s response, Mr. Peterson petitioned this office and this appeal, SPR25/2618, 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

Blythe Robinson SPR25/2618 Page 2 September 15, 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. 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 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 August 14th Response In its August 14, 2025 response, the Town stated, “[w]e were unable to find any records relevant to your request.” Current Appeal In his September 4, 2025 petition to this office, Mr. Peterson stated, “I respectfully appeal the Town’s August 14, 2025 response to my public records request. The purpose of this appeal is to ensure a thorough search for responsive records was conducted.” Based on Mr. Peterson’s petition and the Town’s response, it is unclear whether the Town possessed responsive records and they were permissibly destroyed or whether the requested records were never created. 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. Conclusion Accordingly, the Town is ordered to provide Mr. Peterson 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. Peterson may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Blythe Robinson SPR25/2618 Page 3 September 15, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Mark Peterson