Patrick Mehr v. Lexington, Town of (SPR 20253289)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 24, 2025 SPR25/3289 Mary de Alderete Town Clerk Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Dear Ms. de Alderete: I have received the petition of Patrick Mehr, of Plunkett Lake Press, appealing the response of the Town of Lexington (Town) to a request for public records. See G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On October 29, 2025, Mr. Mehr requested the following: ... all documents in the files of the Town, in the files of its consultants (including but not limited to SMMA, Dore + Whittier and Turner Construction) working on the ... Lexington High School project, or in the files of those consultants’ subcontractors (including but not limited to PM&C and A.M. Fogarty & Associates) since that project started, including emails or memos exchanged within each of the three groups mentioned just above -- the SBC, its consultant its consultants’ subcontractors -- or exchanged between members of those three groups, that refer to a ceiling (or a not-to-exceed, or a maximum) cost for the proposed designs developed by the SBC’s consultants, such maximum cost being formulated as a total $ amount, a $ per square foot amount, $ per student amount, or in any other form. The Town provided responses to Mr. Mehr on October 30, 2025 and November 7, 2025. Unsatisfied with the responses, Mr. Mehr petitioned this office and this appeal, SPR25/3289, 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 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

Mary de Alderete SPR25/3289 Page 2 November 24, 2025 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. 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 his appeal, Mr. Mehr asserts, “I am only, repeat only, appealing the Town’s response received today to my Wed, Oct 29, 2025 at 6:41 PM PRR in which the Town requests 25 days to respond (about Cost Ceiling(s)) instead of 10 days.” Mr. Mehr further stated, “I assert that no more time than the 10 statutory days is necessary for the Town to answer my PRR because it can be answered in less than 15-30 minutes.” The Town’s October 30th and November 7th Responses In its October 30, 2025 response, the City stated, “[t]his email is to acknowledge receipt of your Request, received October 30, 2025. A response will be forwarded within ten (10) business days, or by November 14, 2025.” In its November 7, 2027 response, the Town states, if more time to produce the requested records is needed, including to conduct the necessary searches, the Town has up to an additional 15 business days from the date of receipt of a Request to produce such records. Accordingly, the Town’s obligation to produce records not already produced in response to each of your requests follows the following schedule ... December 5, 2025.” Where the Town indicated in its November 7, 2024 response that it intends to provide a response within the allowed statutory timeframe, the basis of Mr. Mehr’s appeal is unclear. See G. L. c. 66, § 10(b)(vi). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A (a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Mehr in his appeal petition, I am unable to issue a determination at this time. Once the Town provides a response to Mr. Mehr, he

Mary de Alderete SPR25/3289 Page 3 November 24, 2025 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 Mehr