Reny, Nikolas v. Arlington, Town of - Clerk's Office (SPR 20260366)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 17, 2026 SPR26/0366 Christine Bongiorno Deputy Town Manager Town of Arlington 730 Massachusetts Avenue Arlington, MA 02476 Dear Ms. Bongiorno: I have received the petition of Nikolas Reny appealing the response of the Town of Arlington (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 6, 2026, Mr. Reny requested the following “in regards to elmhurst street and freeman st in Arlington MA”: [1] Formal signed approvals from the inspector in charge of maintaining the Arlington bylaws related to this Do Not Enter signage on elmhurst street, AND the “no turn signage” on freeman st. This means I am requesting 2 signed approvals. [2] I am requesting Placement plans related to these the do not enter on elmhurst street, and the placement plans for the no run sign on freeman street. [3] I am requesting The original published notice the Do not enter sign on elmhurst street, as required under M.G.L. c. 90, § 18, for each of these restrictions. [4] I am requesting an inspection document proving the placement is according to code. Once you provide this, I will share with you the obstructed view of the “not turn sign” that should read “no left turn from 7-9AM” though it’s blocked by branches. [5] I am requesting to get the name of the individual who approved the placement of the no left turn sign. The Town responded on January 29, 2026. Unsatisfied with the Town’s response, Mr. Reny petitioned this office and this appeal, SPR26/0366, was opened as a result. 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

Christine Bongiorno SPR26/0366 Page 2 February 17, 2026 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. The Town’s January 29th Response On January 29, 2026, the Town stated, “[a]fter a diligent search of our files and consultation with appropriate personnel, we have determined that the Town of Arlington does not possess any records responsive to your request.” Current Appeal In his appeal petition, Mr. Reny contends, “I’m being told by the town, that no records exist regarding a do not enter sign on Elmhurst street, but there is physically a sign there.” Records in Existence 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). 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). 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). In this case, based on the Town’s response, and the information provided in the requestor’s appeal petition, it is unclear whether the Town possesses records responsive to the request. If the Town does possess responsive records, it must either provide the records, or cite

Christine Bongiorno SPR26/0366 Page 3 February 17, 2026 an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Town is ordered to provide Mr. Reny 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. Reny may further 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: Nikolas Reny