Gainey, Stacia v. Holbrook, Town of - Town Clerk (SPR 20261148)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 9, 2026 SPR26/1148 Jeanmarie Tarara Town Clerk Town of Holbrook 50 North Franklin St Holbrook, MA 02343 Dear Ms. Tarara: I have received the petition of Stacia L. Gainey, Esq., of the Botelho Law Group, 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 March 2, 2026, Attorney Gainey requested the following: . . . [A] copy of the personnel file, its entirety, and all documents related to the selection of [an identified] Sergeant . . . for the position of Deputy Chief of Police, Holbrook, MA. Specifically, this request is to include, but should not be limited to the following: [1] Employment, application, resume, and cover letter[;] [2] Interview notes, evaluations, and scores[;] [3] Background investigation reports[;] [4] Reference checks[;] [5] Original Performance Evaluations, appraisals and probationary records[;] [6] Letters of Reprimand, Citizen complaints and documentation of disciplinary actions[;] [7] Salary Information[;] [8] Promotion Records[;] [9] Letters of Interest. The Town responded on March 16, 2026. Unsatisfied with the Town’s response, Attorney Gainey petitioned this office and this appeal, SPR26/1148, was opened as a result. While this appeal was pending, the Town provided additional information to Attorney Gainey and this office in an email dated March 30, 2026. 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 SPR26/1148 Page 2 April 9, 2026 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. 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 16, 2026 response, the Town denied Attorney’s request for “the personnel file, its entirety” of the Sergeant identified in her request and cited Exemption (c) of the Public Records Law in support of its position. The Town additionally provided “documents responsive” to the portion of Attorney Gainey’s request seeking “documents related to the selection of [an identified] Sergeant . . . for the position of Deputy Chief of Police. . .” and further directed Attorney Gainey to the records the Town produced in response to her previous February 25, 2026 record request to the Town. The Town also noted that it is “not in possession of any other documents responsive” to the portion of Attorney Gainey’s request specifically seeking “. . . the personnel file, its entirety, and all documents related to the selection of [an identified] Sergeant . . . for the position of Deputy Chief of Police, Holbrook, MA.” Regarding Items 1, 2, and 9 of Attorney Gainey’s above March 2, 2026 request, the Town again directed Attorney Gainey “to the documents [the Town] produced in response to [her previous] February 25, 2026 public records request” and advised that “the Town is not in possession of any other documents responsive to this request. Additionally, regarding Item 6, the Town advised that it “will not produce any disciplinary records or letters of reprimand pursuant to Exemption (c)” and confirmed that “the Town is not in possession of any documents responsive to [the] portion of [the] request” seeking “citizen complaints[.]” The Town additionally provided “documents responsive” to Item 7 and, further, denied Items 3, 5, and 8 of Attorney Gainey’s request, in their entirety, “pursuant to Exemption (c).”

Jeanmarie Tarara SPR26/1148 Page 3 April 9, 2026 Current Appeal In her appeal, Attorney Gainey objects to the Town’s denial of portions of her request and states, “conclusory assertion of Exemption (c), without more, is insufficient as a matter of law.” Upon review, it is my understanding that the basis of this appeal only concerns the Town’s withholding of records under Exemption (c) of the Public Records Law. Modified Request Subsequent to the opening of this appeal, in an email to Attorney Gainey and copied to this office on March 30, 2026, the Town provided a “response to [Attorney Gainey’s] March [16], 2026 public records request[,]” which included four pages of “responsive documents.” Upon review of the cover letter included with the Town’s March 30th correspondence, it is my understanding that Attorney Gainey’s March 16, 2026 request to the Town sought: . . . [A] copy of the following documents contained in the personnel file of [an identified] Sergeant. . . . Specifically, this request is to include, but should not be limited to the following: [1] Letters of Counseling (electronic and/or written); [2] Performance Guidance Letters (electronic and/or written); [3] Records of Verbal Counseling (electronic and/or written); [4] Records of Individual Counseling (electronic and/or written); [5] Performance Warning/Written Warning (electronic and/or written); [6] Supervisor Note/File Note (electronic and/or written); [7] Shift Level Counseling (electronic and/or written)[;] . . . [8] ALL To/From Letters (electronic and/or written). Conclusion Given the modifications to Attorney Gainey’s original request, I find it unnecessary to address the issues raised in her appeal at this time. If issues remain unresolved, Attorney Gainey may appeal the substantive nature of the Town’s response to her modified March 16, 2026 request within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Stacia L. Gainey, Esq.