Jennifer Donnelly v. Hanover, Town of - Town Clerk (SPR 20253407)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2025 SPR25/3407 Catherine Harder-Bernier Records Access Officer Town Clerk Town of Hanover 550 Hanover Street Hanover, MA 02339 Dear Ms. Harder-Bernier: I have received the petition of Jennifer Donnelly appealing the response of the Town of Hanover (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 29, 2025, Ms. Donnelly requested: [1] Dates of hire and/or appointment or reappointment dates for all current members of the Conservation Commission and Conservation Commission committee members, Board of Health employees and Board of Health committee members. Please include their names, dates they were sworn in, and email addresses. [2] Current Conservation Commission employees and Conservation Commission committee members, Board of Health employees and Board of Health committee members, of when they completed the state ethics training and acknowledgment of the open meeting laws. Looking for their names and dates of completion for both items. The Town responded on October 31, 2025 and November 4, 2025. Unsatisfied with the Town’s responses, Ms. Donnelly petitioned this office and this appeal, SPR25/3407, 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 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

Catherine Harder-Bernier SPR25/3407 Page 2 November 20, 2025 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. 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 31st and November 4th Responses On October 31, 2025, the Town responded, “I received your request and will review it and respond within 10 days.” On November 4, 2025, the Town responded, “[the] Town Manager ... is compiling this request and will respond on behalf of my office...” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that … for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Donnelly submitted her request on October 29, 2025, and the Town has not provided responsive records, nor cited an exemption for withholding records, I find the Town has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Town must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided

Catherine Harder-Bernier SPR25/3407 Page 3 November 20, 2025 without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. Conclusion Accordingly, the Town is ordered to provide Ms. Donnelly 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. Donnelly may further 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: Jennifer Donnelly