Christopher Kelleher v. Brookfield, Town of - Town Clerk (SPR 20252660)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 17, 2025 SPR25/2660 Michael P. Seery Town Clerk Town of Brookfield 6 Central Street Brookfield, MA 01506 Dear Mr. Seery: I have received the petition of Christopher Kelleher appealing the response of the Town of Brookfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 22, 2025, Mr. Kelleher requested: [C]opies of all emails sent or received by [an identified individual] between May 1, 2023 and the present that contain any of the following keywords: [1] Kelleher[;] [2] dog[;] [3] Rosie[;] [4] mute, muted, or muting[;] [5] ADA or disability[;] [6] female, woman, or women[.] Please include all emails sent to or received from: [1] [a specific email address][;] [2] boardofhealth@brookfieldma.us … [3] and any personal email account used by [an identified individual] for Town business, or used to send email(s) to the town[.] Please include: [1] Emails exchanged with any Town employee, official, board or committee member[;] [2] Emails sent to or received from members of the public or outside entities[;] [3] Drafts, replies, forwards, and attachments[.] 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

Michael P. Seery SPR25/2660 Page 2 September 17, 2025 The Town responded on July 23, August 12, and September 3, 2025. Unsatisfied with the responses, Mr. Kelleher petitioned this office and this appeal, SPR25/2660, 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. The Town’s Responses In its July 23, 2025 response, the Town assessed a fee of $75.00 to provide Mr. Kelleher with responsive records. Mr. Kelleher subsequently paid the assessed fee. In its August 12, 2025 response, the Town stated that it was in the process of reviewing responsive records, and would update Mr. Kelleher as to the status of the request. In its September 3, 2025 response, the Town assessed a fee of $66,450.00 to produce responsive records. Current Appeal In his September 9, 2025 petition to this office, Mr. Kelleher characterized the Town’s September 3rd fee estimate as excessive. Payment of Fees Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid,

Michael P. Seery SPR25/2660 Page 3 September 17, 2025 a records custodian must provide the responsive records. Where it appears the Town has received payment of the reasonable fee, the Town must provide the responsive records. To the extent possible, the Town must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Town is ordered to provide Mr. Kelleher 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. Kelleher may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Kelleher