Myerow, Steve v. Wayland, Town of (SPR 20261020)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 3, 2026 SPR26/1020 Trudy Reid Town Clerk Town of Wayland 41 Cochituate Road Wayland, MA 01778 Dear Ms. Reid: I have received the petition of Steve Myerow appealing the response of the Town of Wayland (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 23, 2025, Mr. Myerow requested, [a]ll communications between Wayland Town Counsel and the Conservation Department, Conservation Commission, Public Works Department, Board of Public Works, Town Manager’s Office, and the Select Board during calendar year 2025 concerning the proposed Ch: 193 (Stormwater and Land Disturbance) regulation. This includes all correspondence regarding the proposed Ch.193 regulations sent to the Town Counsel by the indicated bodies and all correspondence received from the Town Counsel by these bodies regarding the proposed Ch: 193 regulations. The Town responded on February 6, 2026 and on February 12, 2026. Unsatisfied with the responses, Mr. Myerow petitioned this office and this appeal, SPR26/1020, 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 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

Tracy Reid SPR26/1020 Page 2 April 3, 2026 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. 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 6th and February 12th Responses In its February 6, 2026 response, the Town stated, “[a]ttached please find two documents provided by the Conservation Administrator: a copy of the Chapter 193 Regulations- Stormwater and Land Disturbance, and an email communication from Conservation Administrator [an identified individual]. In addition, three prior public records requests submitted by you regarding emails, invoices, and related materials concerning the Chapter 193 Regulations- Stormwater and Land Disturbance have been fulfilled.” In its February 12, 2026 response, the Town stated, “I have forwarded your email to the Town Manager and Conservation Administrator. As you know, I can only provide the documents as provided to me. I’ll keep you posted.” Current Appeal In his March 20, 2026 appeal to this office, Mr. Myerow stated, “[t]wo records (files) were returned on 2/6/26. The records were tangentially related to the request, but neither of the records actually met the request criteria and no records meeting the request criteria were returned. The response did not identify the records being withheld, nor provide any reasons for withholding them as required by 950 CMR 32.06(3). There was no written notice of denial- the requested records were just omitted from the response. I am petitioning the Supervisor to order the Town or its records access officer to provide the requested records.” 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).

Tracy Reid SPR26/1020 Page 3 April 3, 2026 Based on Mr. Myerow’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 Mr. Myerow 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. Myerow 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: Steve Myerow