Richard K. Lodge v. Newburyport, City of - Office of the City Clerk (SPR 20251401)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 2, 2025 SPR25/1401 JT Chamberlain Records Access Officer City of Newburyport 60 Pleasant Street Newburyport, MA 01950 Dear Mr. Chamberlain: I have received the petition of Richard K. Lodge appealing the response of the City of Newburyport (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 15, 2025, Mr. Lodge requested, “[t]he complete and final report of the Newburyport Library investigation conducted by [an identified individual], as set forth in the July 8, 2024 order by the Newburyport City Council.” The City responded on May 15, 2025. Unsatisfied by the response, Mr. Lodge petitioned this office and this appeal, SPR25/1401, 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

JT Chamberlain SPR25/1401 Page 2 June 2, 2025 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 City’s May 15th Response In its May 15, 2025 response, the City provided an executive summary of the investigation at issue, and stated: The Newburyport City Council met on May 12, 2025 in Executive Session and agreed to release the attached Executive Summary of the report by [an identified individual], who investigated concerns related to actions taken regarding the Newburyport Public Library in 2023. The Council has concluded that all tasks required by last year’s authorizing order have been completed. Accordingly, the City Council does not expect any further releases of information on this matter. Current Appeal In his May 16, 2025 petition to this office, Mr. Lodge stated the following: I believe the Executive Summary released on May 15, 2025, is incomplete and does not give sufficient detail to the public to understand a number of things, including how many former library volunteers and current and former library staff were interviewed during the investigation; what communications took place between the mayor’s office (involving the mayor, his former chief of staff and/or the human resources director) and the Library Board of Trustees, and when they took place; why the mayor’s office did not launch an investigation of the library volunteers’ concerns and complaints when [the mayor] was apprised of them (as stated in the Executive Summary); and why it appears the mayor’s office might have revised and edited the letter written by the 14 librarians before allowing it to be published on the city’s website and given to the local newspaper, which published it. Although the Executive Summary does shine some light on the process, I believe it leaves many unanswered questions that should be answered more completely… Based on Mr. Lodge’s petition and the City’s response, it is unclear whether the City possesses additional responsive records. Specifically, the City must clarify whether it possesses a “complete and final report” of the investigation at issue. 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).

JT Chamberlain SPR25/1401 Page 3 June 2, 2025 Conclusion Accordingly, the City is ordered to provide Mr. Lodge 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. Lodge may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Richard K. Lodge