Cory Bombredi v. Phillipston, Town of (SPR 20250278)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 31, 2025 SPR25/0278 Peter Morin Interim Chief Administrative Officer Town of Phillipston 50 The Common Phillipston, MA 01331 Dear Mr. Morin: I have received the petition of Cory Bombredi appealing the response of the Town of Phillipston (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 11, 2025, Mr. Bombredi requested: [1] Payroll records for [an identified individual] between September 1, 2019, and his retirement from the town of Phillipston, MA. [2] A copy of the fire department study referenced in the August 14, 2019, Select Board meeting. [3] A final copy of the investigation report produced by [an identified individual’s] investigation into the Fire Department after ongoing internal reports of missing equipment, missing files and altered reports. [4] A list of employees between the months of July 2019 and April 2020 that were out on administrative leave or investigatory suspension. On January 13, 2025, Mr. Bombredi modified the first item of his request to seek “payroll records to reflect the dates of September 1, 2018, to [an identified individual’s] retirement for ‘medical reasons’.” On January 30, 2025, the Town responded. Unsatisfied with the Town’s response, Mr. Bombredi petitioned this office, and this appeal, SPR25/0278, 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

Peter Morin SPR25/0278 Page 2 January 31, 2025 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. Att’y 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 January 30th Response In its January 30, 2025 response, the Town stated, “I will do a search of the records within the Town Hall and provide a response to Mr. Bombredi, once I complete the search and a review of any retrieved documents with counsel. I will waive the charges related to the recovery of the documents. I expect to complete this search process by 2/13/25.” Subsequently in an email to this Office on January 30, 2025, the Town explained “…my goal is to have a complete response by 2/13/25.” Current Appeal In his January 30, 2025 appeal petition, Mr. Bombredi asserts, “[i]t is frustrating that I have waited beyond the 10 days allowed by law on their response due to an ‘oversight’ on their part… I do not consider my request to be overly burdensome, but I feel I am asking for information they promised to the public and do not wish to share, and that is the reason for their ‘oversight’.” Where the Town indicated in its January 30th response that it intends to provide a response within the allowed statutory timeframe, it is unclear the basis of Mr. Bombredi’s appeal. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days

Peter Morin SPR25/0278 Page 3 January 31, 2025 following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Bombredi in the appeal petition, I am unable to issue a determination at this time. If issues remain once Mr. Bombredi receives the response, or if the Town fails to provide a response within the statutory timeframe, he may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Cory Bombredi