Brian E. Barreira v. Canton, Town of - Town Clerk (SPR 20253857)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 15, 2026 SPR25/3857 Tracy K. Kenney Town Clerk Town of Canton 801 Washington Street, 1st Floor Canton, MA 02021 Dear Ms. Kenney: I have received the petition of Brian E. Barreira, Esq. appealing the response of the Town of Canton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 4, 2025, Attorney Barreira requested “any and all texts sent and received between [an identified individual] and [an identified phone number] during July 15 –17, 2022.” The Town responded on November 10, 2025. Unsatisfied with the Town’s response, Attorney Barreira petitioned this office and this appeal, SPR25/3857, 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 custodian must provide the responsive 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

Tracy K. Kenney SPR25/3857 Page 2 January 15, 2026 The Town’s November 10th Response In its November 10, 2025 response, the Town stated: [An identified individual] is no longer a Town employee. The Town does not have access to, or possession of, text messages or other materials sent or received on [an identified individual’s] personal cell phone. Consequently, the Town does not have any responsive public records in its possession, custody, or control. Current Appeal In his appeal petition, Attorney Barreira provided a copy of a previous request he made for the same records on April 22, 2024, as well as a response from the Town in which it denied providing responsive records under Exemption (f) of the Public Records Law due to an ongoing investigation. Attorney Barreira additionally stated, “[n]ote that the 2024 response was not that the record did not exist… It should be the responsibility of the Town of Canton to retrieve this public record…” Based on the information provided in Attorney Barreira’s appeal petition and the Town’s response, it is unclear whether the Town possesses records responsive to the request. The Town must clarify this. 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 the Town possesses any responsive text messages from a personal cell phone, the Town must clarify whether any such withheld records were sent or received in furtherance of Town business. As referenced above, “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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It should be noted that any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). The Town must clarify these matters. Records Management The Town is advised that public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. Id. For further guidance in records management and retention, the Town may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Training workshops on records management are conducted upon request. Safeguards must be instituted by the Town to ensure that all records are

Tracy K. Kenney SPR25/3857 Page 3 January 15, 2026 retained in accordance with both applicable law as well as the retention schedules promulgated by this office. See G. L. c. 66, § 8; G. L. c. 66, § 13 and G. L. c. 66, § 15. Conclusion Accordingly, the Town is ordered to provide Attorney Barreira 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. Attorney Barreira may 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: Brian E. Barreira, Esq.