Kristine Barberi v. West Springfield, Town of - Office of the Town Clerk (SPR 20251645)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 18, 2025 SPR25/1645 Jenna Wellhoff, Esq. First Assistant Town Attorney Town of West Springfield 26 Central Street West Springfield, MA 01089 Dear Attorney Wellhoff: I have received the petition of Kristine Barberi appealing the response of the Town of West Springfield (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 18, 2025, Ms. Barberi requested, “the police crash report, police report and the accident reconstruction report for 12/20/22 around 5:30 PM Piper/Monestary.” The Town responded on June 5, 2025. Unsatisfied with the response, Ms. Barberi petitioned this office and this appeal, SPR25/1645, was opened as a result. Subsequently, the Town provided a further response to this office on June 12, 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. 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

Jenna Wellhoff, Esq. SPR25/1645 Page 2 June 18, 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 Town’s June 5th Response In its June 5, 2025 response, the Town states, “[t]he Town requires additional time to respond to your request as the records you seek may be archived given the specific time period you referenced.” Current Appeal In her appeal, Ms. Barberi states, “[m]y request was answered on the 13th business day, requesting more time without stating how long the town would need…” Subsequent to the opening of this appeal, the Town provided a supplemental response on June 12, 2025, that states, “[a]t this time the Town has provided all responsive documents to the requestor.” Additionally, in a telephone call between a staff attorney of the Public Records Division and the Town on June 18, 2025, the Town confirmed that it provided all responsive records to Ms. Barberi’s request. Conclusion Where the Town confirmed that it has provided all records responsive to Ms. Barberi’s request, I will now consider this administrative appeal closed. If issues remain unresolved, Ms. Barberi 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: Kristine Barberi