Zero, Deep Cover v. Seekonk, Town of - Town Clerk (SPR 20261304)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2026 SPR26/1304 Christina Testa Executive Administrative Assistant Town of Seekonk Seekonk Town Hall 100 Peck Street Seekonk, MA 02771 Dear Ms. Testa: I have received the petition of Deep Cover Zero (requester) appealing the response of the Town of Seekonk (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 1, 2026, the requester sought, “[a]ny email communications between [an identified individual] and [an identified individual], between the dates of 2/10/26 and 2/24/26[.]” The Town responded on March 18, 2026. Unsatisfied with the Town’s response, the requester petitioned this office and this appeal, SPR26/1304, 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. 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

Christina Testa SPR26/1304 Page 2 April 23, 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. The Town’s March 18th Response In its March 18, 2026 response, the Town stated, “[a]fter review of the records in the Town’s possession, the Town has identified no records as responsive to your request.” Current Appeal In the appeal petition, the requester states: the response I received was incomplete and did not include any emails from the personal email address identified in the request, despite substantial reason to believe that responsive records exist. I have personal knowledge that email communications did occur between [an identified individual], a sitting Select Board member, and [an identified individual], who at the time was a Select Board candidate. These communications involved discussions of town business, which would render them public records regardless of the email platform used. Furthermore, there is documented evidence that [an identified individual] conducts town business using his personal email account… Based on this information, I believe that responsive records are being withheld on the basis that they were transmitted through a personal email account. However, it is well established that communications related to public business are subject to disclosure regardless of whether they are sent from a personal or official email account. 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 the requester’s claims, it is unclear if the Town possesses any records responsive to his request. The Town must clarify whether responsive records exist. Conclusion Accordingly, the Town is ordered to provide The requester 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. The

Christina Testa SPR26/1304 Page 3 April 23, 2026 requester may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Deep Cover Zero