Katherine A. Connolly v. Holbrook, Town of - Town Clerk (SPR 20252792)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 1, 2025 SPR25/2792 Anne Mahoney Town Clerk Town of Holbrook 50 North Franklin Street Holbrook, MA 02343 Dear Ms. Mahoney: I have received the petition of Katherine A. Connolly appealing the response of the Town of Holbrook (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 9, 2025, Ms. Connolly requested “...the annual dumpster permit issued for the property at [an identified street address] for the years 2022, 2023, 2024 and 2025.” The Town responded on September 17, 2025. Unsatisfied with the response, Ms. Connolly petitioned this office, and this appeal, SPR25/2792 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. 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

Anne Mahoney SPR25/2792 Page 2 October 1, 2025 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 September 17th Response In its September 17, 2025 response, the Town provided “an application permit dated 2.15.23” and stated “[t]he Board of Health does not issue physical paper copies to residents of a ‘dumpster permit’. We record paid on the top right hand corner of the application and make a copy for residents to keep for their records. The application with the paid and initials in the corner is the documentation of the physical permit.” Current appeal In her appeal, Ms. Connolly states, “I made a Public Records Request for copies, for years 2022, 2023, 2024 and 2025, of the annual Dumpster Permits issued for [an identified street address]…In response, the Town provided a copy of a Dumpster Permit application for 2023 only.” Based on Ms. Connolly’s claims, in conjunction with the Town’s response, it is unclear if the Town possesses any additional records responsive to the 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 additional responsive records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Connolly 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. Ms. Connolly 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: Katherine A. Connolly