Giblin, Tom v. Rockport, Town of (SPR 20260485)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 13, 2026 SPR26/0485 Molly Whelsky Records Access Officer Town of Rockport 34 Broadway Avenue Rockport, MA 01966 Dear Ms. Whelsky: I have received the petition of Tom Giblin appealing the response of the Town of Rockport (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 16, 2025, Mr. Giblin requested the following: . . . all records and data that identify any and all employees with posting access to the Rockport DPW Facebook page… Additionally, I would like to view the Town’s social media policy, the DPW’s social media policy (if separate), and any procedures, paperwork, agreements are otherwise (all records) for gaining posting access to Town’s social media pages. . . . The Department responded on December 31, 2025. Unsatisfied with the Department’s response, Mr. Giblin petitioned this office and this appeal, SPR26/0485, 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. 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 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

Molly Whelsky SPR26/0485 Page 2 February 13, 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. The Town’s December 31st Response In its December 31, 2025 response, the Town provided records and stated, “[w]e have completed the work in reference to your request as referenced above.” Current Appeal In his appeal, Mr. Giblin stated, “[t]he Town of Rockport did not provide all the documents requested. Additionally, the Town did not assist me in identifying or locating the records sought, as required.” Additional Records The Town is 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, 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). Based on Mr. Giblin’s appeal, it is unclear whether the Town possesses additional records responsive to the request. The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Mr. Giblin with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Sincerely, Manza Arthur Supervisor of Records cc: Tom Giblin