Taylor, Scott v. Saugus, Town of (SPR 20260558)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 3, 2026 SPR26/0558 Jeanette Meredith Super Records Access Officer Town of Saugus 298 Central Street Saugus, MA 01906 Dear Ms. Meredith: I have received the petition of Scott Taylor appealing the nonresponse of the Town of Saugus (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 15, 2025, Mr. Taylor requested: [1] Copies of any and all collective bargaining agreements (CBA), memorandums of agreement/understanding (MOA/MOU), wage scales, and side letters of agreements between the Town of Saugus and the sworn members of the Saugus Police Department (officers through captain) beginning with FY20 to those currently in effect. If there is a full CBA and then only MOAs from some prior fiscal year to the present. I need copies of all, i.e., the last full CBA so I can see the terms/conditions, and then the MOAs for an understanding of modifications thereafter. For example, if the last full CBA for these groups are from 2001, then I require that document and all MOAs through the current one[;] [2] If there are any ranks that are captain or below that are not represented by a union, I am also requesting their individual terms of employment, contracts, and wage schedules as applicable[.] Previous Appeal This request was the subject of a previous appeal. See SPR25/2931 Determination of the Supervisor of Records (October 15, 2025). In my October 15th determination, I ordered the Town to provide Mr. Taylor with a written response. Subsequently, the Town responded on January 14, 2026. Unsatisfied with the Town’s response, Mr. Taylor petitioned this office, and this appeal, SPR26/0558, 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

Jeanette Meredith SPR26/0558 Page 2 March 3, 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 14th Response In its January 14, 2026 response, the Town provides numerous responsive records. Current Appeal In his appeal petition, Mr. Taylor argues the following: I specifically noted that if only MOAs are available for that time period, I required the last full CBA, regardless of the date, followed by all subsequent MOAs through the requested documents. It is infeasible for me to request the specific last fully integrated CBA by date because that date is unknown to anyone without reviewing the actual documents. While the request may appear vague, that is the only way to obtain the full terms of employment for the covered individuals when a fully integrated document has not been created recently. He goes on to provide the following “Summary of items missing”: - Wage scales for the Patrol Officers’ Union from FY20 to the present - Wage scales for the Superior Officers’ Union from FY20 to the present - Last fully integrated CBA for the Patrol Officers’ Union, whenever that was, and every MOA/U and side letter thereafter, up to FY20 - MOA/U for the Patrol Officers' Union and any applicable side letter for FY21- 23 - Last fully integrated CBA for the Superior Officers’ Union, whenever that was,

Jeanette Meredith SPR26/0558 Page 3 March 3, 2026 and every MOA/U and side letter thereafter, up to FY20 - MOA FY24-27 for the Superior Officers’ Union, if it is settled Records in Existence; Possession, Custody, or Control 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 G. L. c. 66, § 10(a); 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). Based on the Town’s response, and the information provided in Mr. Taylor’s appeal petition, it is unclear whether the Town possesses additional records responsive to Mr. Taylor’s request. If the Town does possess additional responsive records, it must either provide the records, or cite 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. Taylor 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. Taylor 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: Scott Taylor