Barbara Dewsnap v. Saugus, Town of (SPR 20253605)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 19, 2025 SPR25/3605 Jeanette Meredith Administrative Aide Town of Saugus 298 Central Street 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 November 5, 2025, Ms. Dewsnap requested: [1] [A] full and complete copy of any and all meeting minutes for the Saugus Dog Park Committee from its inception until its termination, or dissolution where it ceased to exist and no longer in operation. [2] [A]ny and all agendas put forth by the Saugus Dog Park Committee from its inception until its termination, or dissolution, where it ceased to exist and no longer in operation. The Town responded on November 18, 2025. Unsatisfied with the Town’s response, Ms. Dewsnap petitioned this office and this appeal, SPR25/3605, 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. 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

Jeanette Meredith SPR25/3605 Page 2 December 19, 2025 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 18th Response In its November 18, 2025 response, the Town stated, “…there are no responsive records at this time to your request.” Current Appeal In her appeal petition, Ms. Dewsnap stated, “…the ROA does not provide any reason why the agendas and meeting minutes for the Saugus Dog Park committee are not available… It appears that there is some confusion by the Town of Saugus concerning the difference between the Friends of Saugus Dog Park, Inc., a Massachusetts nonprofit, and the Saugus Dog Park Committee, a Town recognized committee.” Based on the Town’s response and the information provided in the appeal petition, it is unclear whether the Town possesses records responsive to Ms. Dewsnap’s request. The Town must clarify this matter. 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). To the extent that the referenced records exist, I find the Town must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). 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).

Jeanette Meredith SPR25/3605 Page 3 December 19, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Barbara Dewsnap