Ryan Connor v. Tewksbury, Town of - Department of Public Works (SPR 20252964)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 21, 2025 SPR25/2964 Kevin Hardiman Director of Public Works Town of Tewksbury 999 Whipple Road Tewksbury, MA 01876 Dear Mr. Hardiman: I have received the petition of Ryan Connor appealing the response of the Town of Tewksbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 12, 2025, Mr. Connor sought, “information related to the historical operation and decommissioning of the South Street municipal well fields, also referred to as the South Street or Easement Well Fields, in relation to [an identified address][,] [including] the following” records: [1] Documentation of the dates of operation and decommissioning of the South Street Well Fields, including the exact or approximate date when the wells ceased supplying water to nearby homes[;] [2] Any engineering, environmental, or infrastructure reports referencing: [a] The use of South Street wells as a drinking water source[;] [b] The transition of water service from these wells to surface water or other sources (circa 1990-1995) [3] Any testing data or assessments of groundwater quality or PFAS concentrations from these wells (historical or current)[;] [4] A map (if available) showing the location of the South Street wells relative to nearby residential properties. The Town responded on July 18 and July 22, 2025. Unsatisfied with the Town’s responses, Mr. Connor petitioned this office and this appeal, SPR25/2964, was opened as a result. 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

Kevin Hardiman SPR25/2964 Page 2 October 21, 2025 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 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 July 18th and July 22nd Responses In its July 18, 2025 response, the Town stated, “I have received your records request…I will see what documents we have and let you know.” In its July 22, 2025 response, the Town provided records and stated, “I have found the attached information regarding the Poplar Street wells, which you have referred to as the South Street Well Fields. I also have a file folder and plan with some additional information. I will have copie[s] of that information made as well and let you know when it can be picked up. Unfortunately, since the wells were installed back in the 1960s and abandoned almost 40 years ago, our information is limited.” Current Appeal In his October 9, 2025 petition to this office, Mr. Connor stated, “I am appealing the Town of Tewksbury Department of Public Works’ response to my public records request.… While partial documents were sent, I believe additional responsive records remain in the DPW or Water Division files…” Based on Mr. Connor’s petition and the Town’s responses, it is unclear whether the Town possesses additional responsive records. 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 whether it possesses additional responsive records.

Kevin Hardiman SPR25/2964 Page 3 October 21, 2025 Conclusion Accordingly, the Town is ordered to provide Mr. Connor 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. Connor 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: Ryan Connor