Burden, George and Jen v. Lunenburg, Town of (SPR 20260452)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 19, 2026 SPR26/0452 Jennifer Warren-Dymant Town Manager Town of Lunenburg 17 Main Street Lunenburg, MA 01462 Dear Ms. Warren-Dyment: I have received the petition of George and Jen Burden appealing the response of the Town of Lunenburg (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 8, 2025, Mr. and Ms. Burden requested: …any documents related to billings and payments made to the Village at Flat Hill, Proctor, or any other companies that performed work to address issues identified in the engineering report you previously provided. … To be specific, we are requesting all documents related to any drainage-related projects or maintenance activities conducted in the Flat Hill Road area, particularly around the retention pond located on the south side of Cortland Circle at the intersection with Flat Hill Road. On January 14, 2026, Mr. and Ms. Burden modified their request to “…solely the documents related to billings and payments made to the Village at Flat Hill, Proctor, or any other companies that performed work to address issues identified in the engineering report you previously provided.” On January 20, 2026, Mr. and Ms. Burden further clarified their request: Please provide the following records: [1] The actual invoice issued for the work or services performed[;] [2] The purchase order or any internal authorization associated with that invoice[;] [3] All related documentation, including but not limited to: [w]ork descriptions[,] [i]nternal communications[,] [a]pprovals[,] [l]ogs, notes, or supporting materials 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 Warren-Dyment SPR26/0452 Page 2 February 19, 2026 that reflect what work was performed, when it was performed, and by whom[.] Prior Appeal This request was the subject of a prior appeal. See SPR25/2337 Determination of the Supervisor of Records (August 25, 2025). In my August 25th determination, I ordered the Town to clarify its fee estimate. The Town responded on December 19, 2025. The Town provided further responses on January 18, 2026 and February 8, 2026. Unsatisfied with the Town’s February 8th response, Mr. and Ms. Burden petitioned this office and this appeal, SPR26/0452, was opened as a result. Subsequent to the opening of this appeal, on February 9, 2026, the Town provided a supplemental response. 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 specifiTown 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 Responses On December 19, 2025, the Town responded: … The correct fee is $100. You also requested information as to how the Town determined the four-hour estimate. … The Town has interpreted the request to be seeking not only invoices and payments, but also “all documents related to any drainage-related projects or maintenance activities conducted in the Flat Hill Road area….” The Town assumes the request seeks engineering documents, plans, etc. This request is very broad and files may be located in multiple offices/storage locations.

Jennifer Warren-Dyment SPR26/0452 Page 3 February 19, 2026 If the requestor seeks solely the “documents related to billings and payments…” then the request would be sufficiently narrowed such that the Town would not be assessing a fee estimate. In its January 18, 2026 response, the Town stated, “[b]ased upon your communication of January 14, 2026 at 2:30 PM, the Town has reviewed your request and located the attached documents which are responsive to your request.” On February 8, 2026, the Town responded, “[t]here are no additional documents in the possession of the Town of Lunenburg that are responsive to this request.” Current Appeal In their appeal petition, Mr. and Ms. Burden contend: … This assertion is inconsistent with standard municipal financial controls and raises significant concerns about the adequacy and accuracy of the Town’s search for responsive documents. The only document the Town has produced is not an invoice at all, but rather an image of a general ledger invoice listing - please see the attached email and image. It contains no description of services, no vendor information, no dates of work performed, and no supporting materials. No actual invoice, purchase order, authorization, or work documentation has been provided. … 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). Subsequent to the opening of this appeal, on February 9, 2026, the Town confirmed in an email to this office, “[t]he Town does not have additional documentation that is responsive to this request.” Conclusion Where the Town confirmed that it does not possess additional records responsive to Mr. and Ms. Burden’s request, and this office has no authority to compel the Town to create records, I will consider this administrative appeal closed. If Mr. and Ms. Burden are not satisfied with the

Jennifer Warren-Dyment SPR26/0452 Page 4 February 19, 2026 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). Sincerely, Manza Arthur Supervisor of Records cc: Jen and George Burden