Connolly, Katherine v. Holbrook, Town of - Town Clerk (SPR 20260709)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 13, 2026 SPR26/0709 Jeanmarie Tarara Town Clerk Town of Holbrook 50 North Franklin Street Holbrook, MA 02343 Dear Ms. Tarara: I have received the petition of Katherine Connolly appealing the response of the Town of Holbrook (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 11, 2026, Ms. Connolly requested, “a listing (example attached) of the Town of Holbrook 2024, 2025 and 2026 Real Estate and Property Tax and Water/Sewer Abatements List showing the abatements issued between May 21, 2024 and February 10, 2026[.]” Previous Appeal This request was the subject of a previous appeal. See SPR26/0690 Determination of the Supervisor of Records (March 2, 2026). In my March 2nd determination, I ordered the Town to provide Ms. Connolly with a written response. Subsequently, the Town responded on March 2, 2026. Unsatisfied with the response, Ms. Connolly petitioned this office and this appeal, SPR26/0709, 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. 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

Jeanmarie Tarara SPR26/0709 Page 2 March 13, 2026 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 March 2nd Response In its March 2, 2026 response, the Town stated, “[t]he reports that were attached include Real Estate, Personal Property abatements and senior work off. We can run the excise tax abatements for the time period! I may have to send several emails as it will be a large file. Is this what you would like us to do? The Water & Sewer abatements would be handled through the Water Commissioners who are the Select Board.” Current Appeal In correspondence included with her appeal petition, Ms. Connolly states, “do you have the water & sewer abatements granted during that time period requested? If not, where would I get those abatements?” 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 Ms. Connolly’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 Ms. Connolly 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. Ms. Connolly may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1).

Jeanmarie Tarara SPR26/0709 Page 3 March 13, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Katherine Connolly