Priest, Dawn v. Townsend, Town of (SPR 20260505)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 13, 2026 SPR26/0505 Harrison Mayotte Records Access Officer Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: I have received the petition of Dawn Priest appealing the response of the Town of Townsend (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 14, 2025, Ms. Priest requested “[a]ny and all weekly certified payroll records, including any and all accompanying signed statements, submitted by any contractor/ subcontractor to the Town of Townsend / Townsend Water Department relative to the water main replacement/installation project (completed as part of the recent SRF funded treatment plant project) in accordance with MGL C149, s27B…” The Town responded on November 16, 2025 and on December 11, 2025. Unsatisfied with the responses, Ms. Priest petitioned this office and this appeal, SPR26/0505, 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, § l0A(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 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

Harrison Mayotte SPR26/0505 Page 2 February 13, 2026 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 November 16th and December 11th Responses In its November 16, 2025 response, the Town acknowledged receipt of Ms. Priest request and stated “[t]he Town will respond to your request within 10 business days. The 10th business day after receipt of the request is: December 1, 2025.” In its December 11, 2025 response, the Town stated, “[a]fter a diligent search, no responsive records were identified within the custody of the Town Clerk’s Office. In particular, payroll records are not maintained by this office.” Also in its December 11, 2025 response, the Town stated, “[t]he Town of Townsend has determined that certain categories of responsive records exist and are expected to be produced, including certified payroll records. However, the breadth of the request requires coordination across multiple departments and the retrieval of archived materials. The scale and complexity of these tasks unduly burden the other statutory and administrative duties of the following departments: Water Department, Chief Procurement Officer. As such, an extension of time under the Public Records Law is warranted, and responsive records will be provided on a rolling basis as they become available.” Additionally, the Town provided a timeframe and stated, “[t]he Town will respond to your request within 25 business days from November 14, 2025. The 25th business day after receipt of the request is: December 23, 2025.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi).

Harrison Mayotte SPR26/0505 Page 3 February 13, 2026 Where Ms. Priest submitted her request on November 14, 2025, and the Town has not provided the responsive records, nor cited an exemption for withholding records, I find that the Town has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the Town must provide an estimated date as to when it intends to complete the search and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Town must provide responsive records on a rolling basis. Conclusion Accordingly, the Town is ordered to provide Ms. Priest with a response to her 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. Ms. Priest may 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: Dawn Priest