Unfiltered, Framingham v. Wayland, Town of (SPR 20260321)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 11, 2026 SPR26/0321 Trudy L. Reid Town Clerk Town of Wayland 41 Cochituate Road Wayland, MA 01778 Dear Ms. Reid: I have received the petition of Framingham Unfiltered (requestor) appealing the response of the Town of Wayland (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 16, 2026, the requestor sought, [a]ny written agreement, contract, memorandum of understanding, settlement, severance/ separation agreement, non-disclosure agreement (NDA), or similar document between [an identified individual] and any representative or entity of the Town of Wayland—including, but not limited to, the Town Manager, Select Board, Police Department, legal counsel, or insurer—executed, signed, or materially revised between September 1, 2025 and January 16, 2026, that relates to [an identified individual’s] employment, retirement, resignation, compensation, benefits, or post-employment obligations. This request covers all attachments and exhibits referenced by such agreements and any side letters incorporated by reference. The Town provided a response on January 29, 2026. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR26/0321, 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). 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

Trudy L. Reid SPR26/0321 Page 2 February 11, 2026 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See 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. See 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 January 29th Response In its January 29, 2026 response, the Town stated, “[p]er the Town Manager, there are no documents for the time period you specified in your request. However, you can find an executed employment contract on the town’s website [link provided].” Current Appeal In the requestor’s January 30, 2026 appeal to this office, the requestor stated, “…on the same day, the Town released text messages showing: [1] [a]ctive coordination with Town Counsel and an attorney representing [an identified individual]; [2] [d]iscussion of obtaining actual signatures on a statement; [3] [r]eferences to attorney-to-attorney communication; [4] [s]tatements that the matter would be ‘resolved tomorrow’ – the day [an identified individual] resigned effective immediately. These facts strongly suggest the existence of written instruments, including drafts, side letters, memoranda, or agreements…” Based on the requestor’s petition, it is unclear whether the Town possesses records responsive to the request. 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). Consequently, the Town must clarify whether it possesses responsive records. Conclusion Accordingly, the Town is ordered to provide the requestor 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. The requestor may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Trudy L. Reid SPR26/0321 Page 3 February 11, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Framingham Unfiltered