Jim Evergates v. Clinton, Town of - Town Administrator (SPR 20253624)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 19, 2025 SPR25/3624 Michael J. Ward Town Administrator Town of Clinton 242 Church Street Clinton, MA 01510 Dear Mr. Ward: I have received the petition of Jim Evergates appealing the response of the Town of Clinton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 23, 2025, Mr. Evergates requested, “copies of minutes of the Town By Law Review Subcommittee meetings for: [February 15, 2022; March 22, 2022; and May 18, 2022] . . . also Town Law Committee meetings dated . . . [April 19, 2024 and May 30, 2024].” The Town responded on November 24, 2025. Unsatisfied with the Town’s response, Mr. Evergates petitioned this office and this appeal, SPR25/3624, 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. 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 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 J. Ward SPR25/3624 Page 2 December 19, 2025 custodian must provide the responsive records. The Town’s November 24th Response In its November 24, 2025 response, a Town Clerk’s Office representative stated, “I do not have copies of these minutes. . . . [C]ontact [the Town Administrator] [at] . . . @clintonma.gov.” Current appeal In his December 8, 2025 appeal, Mr. Evergates states, “I have requested these files 5 or 6 times. . . . These files are all open meetings . . . . None are executive sessions or restricted info.” Diligent Search; Possession, Custody, or Control 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). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the Town’s response, it is unclear how the Town does not have copies of the meeting minutes responsive to Mr. Evergates’ request. It is additionally unclear whether the Town conducted a diligent search for any responsive meeting minutes. Further, while the Town advised that the Town Clerk’s Office does not possess responsive meeting minutes, the Town must use its superior knowledge of the records, and forward the request to the appropriate Department(s) within the Town that may have possession, custody, or control of meeting minutes responsive to Mr. Evergates’ request. As such, it remains unclear whether the Town forwarded the request to the Town Administrator and/or any other Town departments that may be in possession of responsive meeting minutes. The Town must clarify these matters. Conclusion Accordingly, the Town is ordered to provide Mr. Evergates with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Jim Evergates