MacDonald, Laurie v. Orange, Town of - Town Clerk (SPR 20260948)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 30, 2026 SPR26/0948 Rachael Fortier Records Access Officer Town of Orange 6 Prospect Street Orange, MA 01364 Dear Ms. Fortier: I have received the petition of Laurie MacDonald appealing the response of the Town of Orange (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 17, 2026, Ms. MacDonald requested, “[c]opies of all employee exit interviews for the past year dated January 1, 2025 through the present. Names and any other personal information may be redacted as needed.” The Town responded on February 18, 2026 and on March 5, 2026. Unsatisfied with the responses, Ms. MacDonald petitioned this office and this appeal, SPR26/0948, 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 or redacted portion of the responsive record. 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

Rachael Fortier SPR26/0948 Page 2 March 30, 2026 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. Current Appeal In her appeal, Ms. MacDonald stated, “I have not heard back from either the town clerk (RAO) or the HR specialist concerning my public documents request. Today is March 17, 2026, twenty-one days from my original request on February 17, 2026.” The Town’s February 18th and March 5th Responses In its February 18, 2026 response, the Town stated, “I am forwarding your request to our Human Resources. I do not know if portions of these documents will need reduction or if they fall under confidential information [an identified individual] will be able to assist.” In its March 5, 2026 response, the Town stated, “I am trying to pull this information together now. I will tell you that I am only aware of 1 exit interview. I can provide a list of those who have left employment as well as their resignation letter if an exit interview was declined.” 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). Where Ms. MacDonald submitted her request on February 17, 2026, 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).

Rachael Fortier SPR26/0948 Page 3 March 30, 2026 Conclusion Accordingly, the Town is ordered to provide Ms. MacDonald 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. MacDonald 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: Laurie MacDonald