Phillips, Samantha v. Lanesborough, Town of (SPR 20261291)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2026 SPR26/1291 Ruth Knysh Records Access Officer Town of Lanesborough 83 North Main Street, P.O. Box 1492 Lanesborough, MA 01237 Dear Ms. Knysh: I have received the petition of Samantha Phillips appealing the response of the Town of Lanesborough (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 30, 2026, Ms. Phillips requested the following: [1] Complaints and Correspondence: All emails, written statements, affidavits, or documented complaints sent to, or generated by, town employees regarding short- term rentals (STRs) and Airbnbs including addresses and lists. This request spans from October 1, 2025, to the present[;] [2] Enforcement Actions: All Cease and Desist orders issued by the Town of Lanesborough regarding short-term rentals from October 1, 2025, to the present[;] [3] Finance Committee Records: Any compiled list of short-term rentals submitted by or to the Finance Committee or any other town employee or persons[;] [4] Meeting Documentation: Please provide the specific timestamp within the recorded Finance Committee meeting where this list of short-term rentals was mentioned or discussed, alongside any supporting documentation or physical lists referenced during that meeting[.] On March 31, 2026, Ms. Phillips clarified her request and stated, “I would like all of the emails, letters and lists submitted to the town manager, building inspector and to yourself regarding anything that has to do with short term rentals. I would like copies of all of the cease and desist letters, emails, complaints and acknowledgments of short term rentals.” The Town responded on April 2, 2026. Unsatisfied with the response, Ms. Phillips petitioned this office and this appeal, SPR26/1291, was opened as a result. 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

Ruth Knysh SPR26/1291 Page 2 April 23, 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(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 April 2nd Response In its April 2, 2026 response, the Town stated, “I have no records in my office pertaining to your request. Circling back I see the Town Administrator and the Building Commissioner were both copied on your email and should respond directly to you.” Current Appeal In her appeal, Ms. Phillips states the following: [1] I have confirmed through communication with other residents that the Town possesses a compiled list of short-term rentals and related correspondence that fall directly within the scope and keywords of my request[;] [2] The Town Clerk stated to other citizens that certain emails were not provided because the “sender’s name” was not specified in their request. However, my request used broad and appropriate keywords (e.g., “Airbnbs,” “STRs,” “Cease and Desist”) which should have triggered the retrieval of these documents regardless of the sender’s identity[;] [3] Despite my specific request, these responsive documents have been withheld without a claim of a specific legal exemption. I am concerned that public records are being selectively withheld or potentially deleted to avoid transparency regarding the Town’s enforcement of short-term rental policies. I have also

Ruth Knysh SPR26/1291 Page 3 April 23, 2026 requested many other records this past year that I now question if the town does in fact have them[.] Records in Existence 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. Phillips’s appeal, it is unclear whether the Town possesses any records responsive to the request. If the Town does possess 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. Phillips 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. Sincerely, Manza Arthur Supervisor of Records cc: Samantha Phillips