Maryjane Churchville v. Townsend, Town of - Town Clerk (SPR 20253465)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 9, 2025 SPR25/3465 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Maryjane Churchville appealing the response of the Town of Townsend (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 2, 2025, Ms. Churchville requested: [1] All text messages sent to or from [an identified individual] during the Historic District Commission meeting held on June 5, 2025, including fifteen (15) minutes before the meeting convened and fifteen (15) minutes after adjournment . . .[;] [2] All call logs for incoming and outgoing calls to or from [an identified individual] during the same period (15 minutes before, during, and 15 minutes after the meeting). . . . The Town provided a response on November 16, 2025. Unsatisfied with the Town’s response, Ms. Churchville petitioned this office, and this appeal, SPR25/3465, 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). 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

Harrison C. Mayotte SPR25/3465 Page 2 December 9, 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. The Town’s November 16th Response In its November 16, 2025 response, the Town advised that it conducted a search “to locate responsive records within the custody and control of the Town.” Further, the Town noted, [f]ollowing this search, it was determined that there are no existing records responsive to [the] request.” Current Appeal In her November 24, 2025 appeal petition, Ms. Churchville objects to the Town’s claim that it does not possess records responsive to her request and states that the individual identified in her request, “took a phone call during the meeting, openly, on the record, in front of the Commission and the public.” She further notes that her above request, “expressly required the Town to search all devices and accounts, including personal ones used for public business.” Possession, Custody, or Control The Town is advised that 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). Additionally, public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). Based on Ms. Churchville’s claims in her appeal, it is unclear whether the Town possesses records responsive to the request. Specifically, where Town business may have been conducted using a personal device, it is unclear whether any responsive records were created in furtherance of Town business within the specified period using the personal device. The Town must clarify this. Conclusion Accordingly, the Town is ordered to provide Ms. Churchville with a response to her request, provided in a manner consistent with this order, the Public Records Law and its

Harrison C. Mayotte SPR25/3465 Page 3 December 9, 2025 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. Sincerely, Manza Arthur Supervisor of Records cc: Maryjane Churchville