Joseph A. Negri v. Swampscott, Town of - Town Clerk (SPR 20253549)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 16, 2025 SPR25/3549 Michael Brison Assistant Town Clerk Town of Swampscott 22 Monument Avenue Swampscott, MA 01907 Dear Mr. Brison: I have received the petition of Joseph A. Negri appealing the response of the Town of Swampscott (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 21, 2025, Mr. Negri requested the following: [1] All digital or hard copy documents of the Town of Swampscott on the subject of water testing regarding the Lynn/Swampscott UV Pilot Program[;] [2] Any and all reports, e-mail messages, letters, correspondence, and other communications between and among the Town of Swampscott officers and officials, supporting staff, the City Manager, City Solicitor, or other city employees or board or commission members by, to, from or between the parties listed above on the subject of Test Data[;] [3] Any Test Data assessments, analyses, opinions, measurements, printouts, screen shots, or results in any form and any deployment of Test Data measuring devices handheld or fixed on directly or indirectly by or for the Town of Swampscott, including all testing data collected from April 1, 2025 to date. Previous Appeals This request was the subject of previous appeals. See SPR25/2575 Determination of the Supervisor of Records (September 4, 2025) and SPR25/3434 Determination of the Supervisor of Records (December 1, 2025). In my December 1st determination, it was my understanding that the Town provided Mr. Negri with a supplemental response. Unsatisfied with the response, Mr. Negri petitioned this office and this appeal, SPR25/3549, was opened as a result. 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

Michael Brison SPR25/3549 Page 2 December 16, 2025 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. See 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. See 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 Department’s December 1st Response In its December 1, 2025 response, the Town provided Mr. Negri with a responsive record. Current Appeal In his December 2, 2025 appeal to this office, Mr. Negri stated, “[t]he Town has failed to produce the documents originally requested on Aug 21, and then scheduled to be produced on 10/21/2025 after payment was received. To date nothing has been produced.” Payment of Fees Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid, a records custodian must provide the responsive records. Where it appears the Town has received payment of the reasonable fee, the Town must provide the responsive records. To the extent possible, the Town must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Where Mr. Negri has stated he paid the Town and the Town confirmed receipt of the payment via email on September 15, 2025, it is unclear why the Town has not provided the responsive records. 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). Custodians are expected to use their superior knowledge of

Michael Brison SPR25/3549 Page 3 December 16, 2025 the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Conclusion Accordingly, the Town is ordered to provide Mr. Negri 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. Sincerely, Manza Arthur Supervisor of Records cc: Joseph A. Negri