Keough, Richard v. Norfolk District Attorney's Office (SPR 20260270)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2026 SPR26/0270 Brandon P. Hunt, Esq. Assistant District Attorney Records Access Officer Norfolk District Attorney’s Office 45 Shawmut Road Canton, MA 02021 Dear Attorney Hunt: I have received the petition of Richard Keough, of dropmicrodots@pm.me, appealing the nonresponse of the Norfolk County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On November 18, 2025, Mr. Keough requested, “[a]ny and all emails, communications, reports, memoranda, notes or attachments sent to, from, or copied to [an identified individual] that reference or include any of the following names/terms: Microdots, [identified individuals] [c]overing the date range January 1, 2022 through November 18, 2025.” The Office responded on December 3, 2025. Unsatisfied with the response, Mr. Keough petitioned this office and this appeal, SPR26/0270, 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. Att’y 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 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

Brandon P. Hunt, Esq. SPR24/0270 Page 2 February 9, 2026 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. Current Appeal In his appeal, Mr. Keough states, “[a]s the NDAO initially provided a 2 days late response notifying me that they estimated a full response by Dec 17, 2025. They failed to meet that deadline and have not responded to 2 follow up emails I sent Jan 14 & Jan 25 requesting a status update.” The Office’s December 3rd Response In its December 3, 2025 response, the Office stated, “[y]our request is actively being processed, and I received the results from the query for responsive records today. Given the volume of public records requests and other responsibilities I am currently managing, I anticipate providing a response by Wednesday, December 17.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Keough’s request was originally submitted on November 18, 2025, and the Office has not provided responsive records, I find the Office has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, the Office must provide an estimated date as to when it expects to complete its review and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Office must provide responsive records on a rolling basis.

Brandon P. Hunt, Esq. SPR24/0270 Page 3 February 9, 2026 Conclusion Accordingly, the Office is ordered to provide Mr. Keough 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. Mr. Keough may appeal the substantive nature of the Office’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Richard Keough