Quemere, Andrew v. Leyden, Town of (SPR 20261209)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 16, 2026 SPR26/1209 Michele Giarusso Town Coordinator Town of Leyden 7 Brattleboro Road Leyden, MA 01301 Dear Ms. Giarusso: I have received the petition of Andrew Quemere appealing the response of the Town of Leyden (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 20, 2026, Mr. Quemere requested “[a]ll police internal affairs records for [a named individual].” The Town responded on April 2, 2026. Unsatisfied with the Town’s response, Mr. Quemere petitioned this office, and this appeal, SPR26/1209, 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. 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 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

Michele Giarusso SPR26/1209 Page 2 April 16, 2026 custodian must provide the responsive records. The Town’s April 2nd Response In its April 2, 2026 response, the Town cites G. L. c. 12A, § 13, and G. L. c. 268B, § 4(a), as they operate through Exemption (a) of the Public Records Law for withholding responsive records. See G. L. c. 4, § 7(26)(a). Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. In its response, the Town cites G. L. c. 12A, § 13, and G. L. c. 268B, § 4(a), which provide in pertinent parts as follows: All records of the office of inspector general shall be confidential unless, it is necessary for the inspector general to make such records public in the performance of his duties, and shall not be public records as defined in section seven of chapter four. G. L. c. 12A, § 13.

Michele Giarusso SPR26/1209 Page 3 April 16, 2026 All commission proceedings and records relating to a preliminary inquiry or initial staff review used to determine whether to initiate an inquiry shall be confidential, except that the general counsel may turn over to the attorney general, the United States Attorney or a district attorney of competent jurisdiction evidence which may be used in a criminal proceeding. The general counsel shall notify any person who is the subject of the preliminary inquiry of the existence of such inquiry and the general nature of the alleged violation within 30 days of the commencement of the inquiry. G. L. c. 268B, § 4(a). In its April 2nd response, the Town argues the following: After careful review of the request and the Town’s records, the Town must deny your request due to exemption (a) the statutory exemption. Records that are specifically or by necessary implication exempted from disclosure by statute, M.G.L. c. 4, section 7(26) (a), specifically M.G.L. Chapter 12A, section 13 confidentiality of records forwarded to the Office of the Inspector General and M.G.L. c. 268B, section 4(a) records forwarded to the State Ethics Commission are to be kept confidential. Based on the Town’s response, I find that it is unclear how the Town may withhold the responsive records pursuant to the statutes cited above as they operate through Exemption (a) of the Public Records Law. Specifically, it is not clear how the withheld records, in the possession, custody or control of the Town, would constitute “records of the office of inspector general,” as required by G. L. c. 12A, § 13. It is further unclear how the records constitute “commission proceedings [or] records relating to a preliminary inquiry or initial staff review,” as required by G. L. c. 268B, § 4(a). Additionally, it is unclear from the Town’s response, which specific records the Town intends to withhold. To deny access to a record under the Public Records Law, a records access officer must identify the records, categories of records, or portions of the records it intends to withhold. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). The Town must clarify these matters. Conclusion Accordingly, the Town is ordered to provide Mr. Quemere 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. Quemere may further appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Michele Giarusso SPR26/1209 Page 4 April 16, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere