Barbara Dewsnap v. Saugus, Town of (SPR 20253259)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2025 SPR25/3259 Jeannie Meredith Public Records Access Officer Town of Saugus 298 Central Street, Suite 1 Saugus, MA 01906 Dear Ms. Meredith: I have received the petition of Barbara Dewsnap appealing the response of the Town of Saugus (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 23, 2025, May 19, 2025, and October 15, 2025, Ms. Dewsnap requested “a copy of the completed and executed Memorandum of Understanding (MOU) between the Stanton Foundation (Foundation) and the Town, acting through its [Town Manager] concerning the proposed dog park (dog recreational space) within the Stocker Playground in Saugus, Massachusetts.” The Town responded on May 7, 2025 and October 29, 2025. Unsatisfied with the Town’s responses, Ms. Dewsnap petitioned this office, and this appeal SPR25/3259, 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. 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 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

Jeannie Meredith SPR25/3259 Page 2 November 20, 2025 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 May 7th and October 29th Responses In its May 7, 2025 response to the April 23, 2025 request, the Town stated “[p]lease find enclosed records that are responsive to your request, there are no additional responsive records at this time to your request.” Five responsive records were provided. The Town did not respond to the May 19, 2025 request. In its October 29, 2025 response to the October 15, 2025 request, the Town stated “[t]here are no responsive records to your request at this time.” Current Appeal In her appeal, Ms. Dewsnap states, “I am having an issue obtaining a copy of a completed and executed copy of a MOU between the Town and the Foundation relating to a grant payment received by the Town from the Foundation for a proposed dog park at Stocker Playground…[I]t is my understanding that a MOU does exist and has been entered into between the Town and the Foundation in order for the Foundation to release a grant payment for the dog park design in the amount of $25,000.00 to the Town.” Subsequent to the opening of this appeal, the Town contacted the Public Records Division on November 19, 2025. The Town stated “the Town does not have a copy of an executed MOU between the Town and the Foundation.” Based on Ms. Dewsnap’s petition and the Town’s responses, I find the Town must clarify whether it possesses 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). Conclusion Accordingly, the Town is ordered to provide Ms. Dewsnap 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. Dewsnap may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Jeannie Meredith SPR25/3259 Page 3 November 20, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Barbara Dewsnap