Barbara Dewsnap v. Saugus, Town of (SPR 20253748)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 7, 2026 SPR25/3748 Jeanette Meredith Records Access Officer 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 October 15, 2025, Ms. Dewsnap requested: …a copy of the Notice of Intent for the proposed construction of the basketball court and tennis court existing at the Stocker Playground (Winter Street/Parcel ID: 7.G-0004- 0020) submitted to the Saugus Conservation Commission as well as a copy of the Order of Conditions relating to the Notice of Intent for the proposed construction of the basketball court and tennis court existing at the Stocker Playground provided by the Saugus Conservation Commission. Ms. Dewsnap modified her request on November 20, 2025 as follows: …a full and complete copy of the Notice of Intent as well as a full and complete copy of the Order of Conditions relating to the construction of the tennis court now existing at the Stocker Playground to include any attachments such as, but not limited to, plans (existing conditions plans, design plans, etc.) stormwater management reports, abutters lists, etc. The modification was delivered on November 24, 2025. The Town responded on October 29, 2025 and December 4, 2025. Unsatisfied with the Town’s responses, Ms. Dewsnap petitioned this office and this appeal, SPR25/3748, 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

Jeanette Meredith SPR25/3748 Page 2 January 7, 2026 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 custodian must provide the responsive records. The Town’s October 29th and December 4th Responses On October 29, 2025, the Town stated, “[p]lease find enclosed records that are responsive to your request for the Notice of Intent and Order of Conditions from the Conservation Committee (for the second time).” The records were not responsive to Ms. Dewsnap’s request. On December 4, 2025, the Town stated, “[p]lease find there are no responsive records, at this time, to your request.” Current Appeal In her appeal petition, Ms. Dewsnap contends: On October 15, 2025, I hand delivered my public records request for a copy of the Notice of Intent (NOI) and a copy of the Order of Conditions (OOC) for the proposed construction of the basketball court and tennis court existing at the Stocker Playground to the Town of Saugus Primary Records Officer Jeannette Meredith. In response, on or about October 29, 2025, I was provided with a copy of the NOI and OOC for the proposed dog park at Stocker Playground instead and not for the intended NOI And OOC for the construction of the basketball court and tennis court existing at the Stocker Playground. …

Jeanette Meredith SPR25/3748 Page 3 January 7, 2026 Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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 responses, and Ms. Dewsnap’s appeal petition, it is unclear whether the Town possesses records responsive to the request. Specifically, it not clear whether the Town possesses copies of the Notice of Intent and Order of Conditions for the proposed construction of the basketball court and tennis court existing at the Stocker Playground. If the Town does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). 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 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: Barbara Dewsnap