Burden, George and Jen v. Lunenburg, Town of (SPR 20260797)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 19, 2026 SPR26/0797 Jennifer Warren-Dyment Town Manager Town of Lunenburg 17 Main Street Lunenburg, MA 01462 Dear Ms. Warren-Dyment: I have received the petition of Jen and George Burden appealing the response of the Town of Lunenburg (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 22, 2026, Ms. and Mr. Burden requested, “[c]opies of all records in the custody or control of the Town of Lunenburg relating to the receipt, authorization, expenditure, distribution, or management of TARPA funds (including any federal or state pandemic-related relief funds commonly referred to as TARPA, ARPA, or similar programs). To avoid any ambiguity, this request includes, but is not limited to, the following categories of records:” [1] Authorizations, Approvals, and Deliberations[:] [a] All Select Board meeting minutes, agendas, votes, motions, or authorizations concerning the use, allocation, or acceptance of TARPA funds[;] [b] All committee or subcommittee minutes where TARPA funds were discussed[;] [c] All internal approvals by Town staff, department heads, or administrators authorizing the use or distribution of TARPA funds[;] [d] All policies, guidelines, or criteria used by the Town to determine eligibility for TARPA fund expenditures[;] [2] Financial Records and Accounting Documentation[:] [a] All payments received by the Town of Lunenburg from federal or state agencies related to TARPA or similar relief programs, including remittance records, deposit confirmations, and accounting entries[;] [b] All payments made by the Town using TARPA funds, including: Invoices, Purchase orders, Contracts, Vendor records, Check registers, Accounting ledger entries[;] [c] Any supporting documentation required for lawful municipal expenditures[;] 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

Jennifer Warren-Dyment SPR26/0797 Page 2 March 19, 2026 [d] All records reflecting the Town’s basis for issuing each payment, including descriptions of work performed, services rendered, or purposes for which funds were used[;] [3] Distribution of TARPA Funds to Entities Within Lunenburg[:] [a] All records documenting disbursements or allocations of TARPA funds to any public, private, nonprofit, or quasi-municipal entity within Lunenburg[;] [b] All applications, requests, or proposals submitted by entities seeking TARPA funds[;] [c] All correspondence, internal or external, relating to the evaluation, approval, denial, or monitoring of such distributions[;] [d] All compliance, reporting, or audit materials associated with the distribution of TARPA funds[;] [4] Communications[:] [a] All emails, letters, memoranda, or internal communications between Town staff, Select Board members, consultants, or outside entities concerning TARPA funds, their use, their distribution, or related financial decisions[.] The Town responded on March 5, 2026. Unsatisfied with the response, Ms. and Mr. Burden petitioned this office and this appeal, SPR26/0797, 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(d)(iv) (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…”); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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 5th Response In its March 5, 2026 response, the Town stated, “[t]he Town of Lunenburg is in receipt of your public records request dated February 22, 2026 in which you seek records relating to

Jennifer Warren-Dyment SPR26/0797 Page 3 March 19, 2026 ‘TARPA’ (sic) or ARPA funds. The Town is not aware of any program referred to as ‘TARPA.’” The Town understands your request to refer to federal pandemic relief funding provided under the American Rescue Plan Act of 2021. Based on the review of the request, coupled with prior records requests and communications, the Town understands that your inquiry may relate to the disbursement of $12,500 in ARPA funds to the Village of Flat Hill. Without conceding the scope or validity of the request as written, and in an effort to address is believed to be the subject of your inquiry, the Town is providing documents relating to the $12,500 ARPA payment made to the Village of Flat Hill. Those records are attached. If these documents address the records request, please advise the Town so that we may consider the request fulfilled.” Current Appeal In their appeal, Ms. and Mr. Burden state, “[p]ages 2 and 3 of the first document provided by the Town are missing…Additionally, the Town’s response reframes our request as relating solely to a single $12,500 ARPA disbursement to the Village at Flat Hill. Our request, however, sought all records relating to the authorization, receipt, expenditure, distribution, or discussion of ARPA funds held by the Town of Lunenburg. The Town has not yet conducted or documented a full search responsive to the scope of our request.” 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. and Mr. Burden’s appeal, it is unclear whether the Town possesses additional records responsive to the 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”). The Town must clarify this matter. Conclusion Accordingly, the Town is ordered to provide Ms. and Mr. Burden 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.

Jennifer Warren-Dyment SPR26/0797 Page 4 March 19, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Jen and George Burden