Kristine Barberi v. West Springfield, Town of (SPR 20251646)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 24, 2025 SPR25/1646 Otto Frizzell Town Clerk Town of West Springfield 26 Central Street, Suite 32 West Springfield, MA 01089 Dear Mr. Frizzell: 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 sought, “…the police crash report, police report and accident reconstruction for an accident on 12-15-14 around 8:45 AM on the corner of Elm and Garden Street.” The Town responded on June 5, 2025. Unsatisfied with the response, Ms. Barberi petitioned this office and this appeal, SPR25/1646, was opened as a result. While this appeal was pending, the Town provided a supplemental response on June 18, 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. If there are any fees associated with a response a written, good faith estimate must be provided. See G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a 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

Otto Frizzell SPR25/1646 Page 2 June 24, 2025 records custodian must provide the responsive records. The Town’s June 5th Response In its June 5, 2025 response, the Town stated, “[p]lease let this correspondence serve as an initial response to your public records request. The 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 June 10, 2025 petition to this office, Ms. Barberi stated, “[m]y request was answered on the 13th business day, requesting more time without stating how long the [T]own would need…The [T]own exceeded the 10 business days allowed to respond…Please accept this as my formal appeal.” In the Town’s June 18, 2025 email to this office, the Town confirmed that it has no records responsive to Ms. Barberi’s request. No Duty to Create Records Please be advised, under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Where the Town has confirmed that is does not possess records responsive to Ms. Barberi’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Barberi is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Otto Frizzell SPR25/1646 Page 3 June 24, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Kristine Barberi