Higgins, Patrick v. Mansfield, Town of - Town Clerk (SPR 20260352)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2026 SPR26/0352 Jennifer Davis Town Clerk Town of Mansfield 6 Park Row Mansfield, MA 02048 Dear Ms. Davis: I have received the petition of Patrick Higgins appealing the response of the Town of Mansfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 8, 2026, Mr. Higgins requested, “[w]ho is the Chair of the Town Administrator Search Committee and what is their email address for Open Meeting Law related emails?” Further on February 3, 2026, Mr. Higgins requested, “[w]hat is the email address of [an identified individual] for open meeting law related emails?” The Town responded on January 9, 2026 and February 3, 2026. Unsatisfied with the Town’s responses, Mr. Higgins petitioned this office and this appeal, SPR26/0352 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 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Jennifer Davis SPR26/0352 Page 2 February 12, 2026 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 January 9th and February 3rd Responses On January 9, 2026, the Town responded, “[t]he chair of the ad hoc (temporary) Town Manager Screening Committee was [an identified individual]. Any Open Meeting Law or Public Records requests can be made through this link: [specified hyperlink].” On February 3, 2026, the Town responded, “[a]s a temporary committee that met four times in late November-early December 2025, the members of the ad hoc Town Manager Screening Committee were not assigned town email addresses.” Current Appeal In his appeal petition, Mr. Higgins contends, “[p]lease allow this email to serve as an appeal of the denial of the release of the email address on file for the Chairman of the Screening Committee so that I can properly serve Open meeting law related requests pursuant to Chapter 30A, section 22 (b) and 22 (g)(2).” No Duty to Create Records Please be advised that 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). Further, 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 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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). On February 4, 2026, in a telephone call between a staff attorney of the Public Records Division and the Town, the Town confirmed that it does not possess the requested record. Conclusion Where the Town does not possess the requested record, and has no duty to create records responsive to the request, I will consider this administrative appeal closed. If Mr. Higgins is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Jennifer Davis SPR26/0352 Page 3 February 12, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Patrick Higgins