Patrick Higgins v. Swansea, Town of - Town Clerk (SPR 20253203)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2025 SPR25/3203 Diane Pelland Town Clerk Town of Swansea 81 Main Street Swansea, MA 02777 Dear Ms. Pelland: I have received the petition of Patrick Higgins appealing the response of the Town of Swansea (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 23, 2025, Mr. Higgins requested “the email address for the Chairman of the Conservation Commission.” The Town responded on October 23, 2025. Unsatisfied with the Town’s response, Mr. Higgins petitioned this office, and this appeal SPR25/3203, 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

Diane Pelland SPR25/3203 Page 2 November 14, 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 October 23rd Response In its October 23, 2025 response, the Town stated, “[an identified individual] is the Chairman but we do not have a Town email for her. I hesitate to give out her personal email. The Chairman is aware of the Open Meeting Law Complaint and it is being placed on the next Conservation Commission agenda.” Current Appeal In his appeal, Mr. Higgins stated, “[p]lease accept this email as an appeal of the refusal to provide the email address on file of the Chairman of the Conservation Commission for the Town of Swansea.” Subsequent to the opening of this appeal, Mr. Higgins further contacted the Public Records Division via email on November 12, 2025. He stated, “[p]lease also consider the fact that the Town attorney has stated that the Chairman will need to be served by email with any future Open Meeting Law complaints, even though the Town Clerk still refuses to release her email address.” Based on the Town’s response and Mr. Higgins’ appeal, it is unclear if the Chairman is using a personal email address for Town business. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Mr. Higgins with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Higgins 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: Patrick Higgins