McLeod, Spencer v. Southborough, Town of (SPR 20260684)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 12, 2026 SPR26/0684 Mark J. Purple Town Administrator Town of Southborough 17 Common Street Southborough, MA 01772 Dear Mr. Purple: I have received the petition of Spencer McLeod appealing the response of the Town of Southborough (Town) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On January 29, 2026, Mr. McLeod requested, “[a]ll communications (including but not limited to emails, attachments, letters, memoranda, internal notes, file notes, or other written or electronic correspondence, including communications sent from or received on personal email account if used for Town business) between: [three identified individuals] and [two identified individuals] for the period November 20, 2025 through January 29, 2026.” Previous Appeal This request was the subject of a previous appeal. See SPR26/0394 Determination of the Supervisor of Records (February 12, 2026). In my February 12th determination, I closed the appeal in light of the Town providing Mr. McLeod with an additional response. The Town provided a response on February 11, 2026. Unsatisfied with the Town’s response, Mr. McLeod petitioned this office and this appeal, SPR26/0684, 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). 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

Mark J. Purple SPR26/0684 Page 2 March 12, 2026 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See 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. See 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 February 11th Response In its February 11, 2026, the Town provided two responsive records. Current Appeal In his February 27, 2026 appeal, Ms. McLeod stated the following: … The production of [an identified individual’s] email account contains a stark chronological imbalance. For the requested period of November 20, 2025 through January 29, 2026: [1] Sent/Outbox records were produced for the entire requested period[;] [2] Inbox/Received records were produced only from January 26-29, 2026 – a four-day window at the very end of the timeframe. The Town has produced roughly two months of outbound correspondence while providing virtually no inbound records for the same period. This is not a minor gap. Many of the omitted inbound emails are indirectly visible through replies in the outbound production, confirming that responsive received mail exists and was not produced… Based on Mr. McLeod’s petition and the Town’s response, it is unclear whether the Town possesses additional responsive records. 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). However, 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). To the extent that responsive records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b).

Mark J. Purple SPR26/0684 Page 3 March 12, 2026 Conclusion Accordingly, the Town is ordered to provide Mr. McLeod 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. Mr. McLeod 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: Spencer McLeod