Dustin Whiteaker v. Clinton, Town of - Town Administrator (SPR 20253807)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 5, 2026 SPR25/3807 Michael J. Ward Town Administrator Town of Clinton 242 Church Street Clinton, MA 01510 Dear Mr. Ward: I have received the petition of Dustin Whiteaker appealing the nonresponse 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 December 5, 2025, Mr. Whiteaker requested the following: [1] Email Communications Regarding Facebook Post[:] All email correspondence -sent or received-between [three identified individuals] that in any way references, mentions, discusses, or is related to my Facebook post concerning Armed Forces Day and the town losing a wrongful termination lawsuit. This request includes, but is not limited to, emails, attachments, forwarded messages, drafts, and internal exchanges[;] [2] Text Messages on Personal or Work Devices Used for Official Business[:] All text message communications-whether sent from or received on personal or department-issued devices-between [an identified individual] and any individual that reference, mention, or relate to [an identified individual], using any of the following identifiers: [an identified individual][;] [an identified individual][;] [an identified individual][;] [an identified individual][;] [and] [a]ny variation of the above names[.] This request specifically includes personal cell phones or other devices if they were used to conduct town or departmental business, as such records are subject to public-records law[.] Claiming to not yet have received responsive records, Mr. Whiteaker petitioned this office and this appeal, SPR25/3807, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. 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 SPR25/3807 Page 2 January 5, 2026 Whiteaker with a response to his 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. Mr. Rice may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Dustin Whiteaker