Jennifer Morais v. Hudson, Town of (SPR 20253246)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 18, 2025 SPR25/3246 Joan M. Wordell Town Clerk Town of Hudson 78 Main Street Hudson, MA 01749 Dear Ms. Wordell: I have received the petition of Jennifer Morais appealing the response of the Town of Hudson (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 26, 2025, Ms. Morais requested: [C]opies of any public records related to [an identified individual’s] permit application for [an identified street address] (conversion to a child care facility)… [1] Emails, memoranda, notes, or reports that mention “[an identified street address]”, “daycare”, “child care”, or [an identified name] in connection with the application. [2] Communications among the Building Commissioner, Planning Board, Planning Department, Town Manager, Select Board, or other staff/consultants regarding zoning, site plan review, parking, plumbing, fire code, or building code determinations for this project. [3] Any staff checklists, review comments, or draft materials related to my application. Subsequently, on September 29, 2025, Ms. Morais modified her request to include the following records: [A]ll internal communications (including ESI) about this project from January 14, 2025 to present as follows: Custodians (including staff/consultants): [Building Department: [an identified individual], former Building Commissioner 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

Joan M. Wordell SPR25/3246 Page 2 November 18, 2025 [an identified individual], plan reviewers. 1. Planning: [an identified individual], Planning Board (incl. [an identified individual]), Planning staff/consultants 2. Town Administration: Town Manager [an identified individual], Select Board members (incl. [an identified individual]), Town Counsel/Municipal Counsel 3. Public Safety: Fire Chief, Deputy Fire Inspector, Police Chief 4. Any other employees/consultants who communicated about [an identified street address] Records sought: 1. Emails (inbox/sent/archives), internal memos/notes, meeting notes, drafts (with non-exempt portions released)[;] 2. Text/iMessage and app messages (e.g., WhatsApp/Signal/Teams/Slack) used for town business, even on personal devices/accounts[;] 3. Calendar entries/invites, attachments (checklists, markups, diagrams), and available metadata (sender, recipients, date/time, subject, file names)[.] Prior Appeal This request was the subject of a prior appeal. See SPR25/2870 Determination of the Supervisor of Records (October 10, 2025). In my October 10th determination, I found that it was unclear if the Town possessed additional records responsive to Ms. Morais’ request. The Town responded with additional records on October 14, 2025, October 15, 2025, and November 3, 2025. Unsatisfied with the Town’s responses, Ms. Morais petitioned this office and this appeal, SPR25/3246, was opened as a result. Subsequent to the opening of this appeal, the Town contacted Ms. Morais and the Public Records Division via email on November 13, 2025, stating “[t]he Town will supply all records on file as requested including all records previously sent and records requested up and until November 5th…” 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).

Joan M. Wordell SPR25/3246 Page 3 November 18, 2025 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. Current Appeal In her appeal, Ms. Morais states, “[a]fter reviewing the production, I have identified several issues that remain unresolved” including the following: [1] Missing Privilege Log[;] [2] Omitted Emails and Copied Communications[;] [3] Missing Correspondence and Attachments[; and] [4] Repetition of Previously Released Materials[.] In response to the Town’s November 13, 2025 production of additional records, Ms. Morais stated, “the records produced have been incomplete and inconsistent across multiple releases… These inconsistencies raise significant concerns about the completeness of the Town’s responses…. [The Town] appears to believe I am requesting duplicate records, when in fact each new release contains material that was omitted previously.” Based on the Town’s responses, as well as Ms. Morais’ appeal, it is unclear if the Town possesses additional records responsive to the above 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). In accordance with the Public Records Law, 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). The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. Morais 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. Morais may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Joan M. Wordell SPR25/3246 Page 4 November 18, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jennifer Morais