Jim Williams v. Lexington, Town of (SPR 20253204)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2025 SPR25/3204 Kristen J. McGrath Records Access Officer Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Dear Ms. McGrath: I have received the petition of Jim Williams appealing the response of the Town of Lexington (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 17, 2025, Mr. Williams requested, “…an Alternatives Analysis . . . or if it is not yet complete, any drafts, notes, communications, etc. that [the architects SMMA] were referring to.” Prior Appeal This request was the subject of a prior appeal. See SPR25/2955 Determination of the Supervisor of Records (October 16, 2025). In my October 16th determination, I learned that the Town provided Mr. Williams with an additional response on October 9, 2025. Unsatisfied with the response, Mr. Williams petitioned this office and this appeal, SPR25/3204, 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 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

Kristen J. McGrath SPR25/3204 Page 2 November 14, 2025 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 October 9th Response In its October 9, 2025 response, the Town stated, “[t]he document referred to is a document currently being prepared by an outside consultant, with input from Town Counsel. It is not within the Town’s custody and control. It is also currently privileged given legal involvement. However, once it is finalized it will be made public and placed on the Lexington High School project website, and I will send you an electronic copy of the document.” Current appeal In his appeal, Mr. Williams states, “[p]lease have this document sent to me now, and have someone in authority in Lexington certify to both of us, if they can, that no one received it or any version of it before October 9 ... And please have that authority explain how it was ‘privileged given legal involvement’.” The Town’s October 9th response did not contain the specificity required in a denial of access to public records. The Town must identify what records it has in its possession, custody or control that are responsive to Mr. William’s request. As a result, I find that The Town did not satisfy its burden in responding to this records request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). To the extent that the requested records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Town is ordered to provide Mr. Williams 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. Williams may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Kristen J. McGrath SPR25/3204 Page 3 November 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jim Williams