Cory Bombredi v. Barre, Town of - Town Administrator (SPR 20251736)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 27, 2025 SPR25/1736 Ellen Glidden Town Clerk Town of Barre 40 West Street, Suite 697 Barre, MA 01005 Dear Ms. Glidden: I have received the petition of Cory Bombredi appealing the response of the Town of Barre (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 22, 2025, Mr. Bombredi requested: [1] [T]he job description for the Administrative Assistant position that was reviewed during the July 18, 2024 Executive Session of the Select Board … [2] [A]ny documents—formal or informal—that pertain to negotiated changes to Department of Public Works (DPW) wages that would take effect between contract years or are not included in the most recent Collective Bargaining Agreement. This includes but is not limited to: [a] Memoranda of Understanding (MOUs)[;] [b] Side letters[;] [c] Wage adjustments agreed upon outside the full contract renewal process[;] [d] Any documentation (drafts, emails, or signed agreements) relating to wage increases that would explain the FY26 DPW budget increase, which does not align with the known terms of the current CBA … If an agreement has been negotiated but not yet executed or released, I request a copy of the most current version, including any pending draft. The Town responded on June 6, 2025. Unsatisfied with the Town’s response, Mr. Bombredi petitioned this office and this appeal, SPR25/1736, 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

Ellen Glidden SPR25/1736 Page 2 June 27, 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 June 6th Response In its June 6, 2025 response, the Town provided Mr. Bombredi with records responsive to Item 1 of the request. The Town characterized Item 2 of the request as failing to provide a reasonable description of the records being sought, and withheld records responsive to Item 2 pursuant to Exemptions (a) and (d) of the Public Records Law. Current Appeal In his June 17, 2025 petition to this office, Mr. Bombredi characterized his request as narrowly tailored, and alleged that the records responsive to Item 2 of the request were not exempt from disclosure. Open Meeting Law In its June 6th response, the Town stated: In the context of negotiating collective bargaining agreements, public bodies are permitted to enter into executive session for the purpose of discussing their negotiating strategy. G.L. c. 30A, §21(a)(3). An executive session is appropriate in this circumstance if discussing the matter in open session would have a detrimental effect on the litigating position of the public body. Id. The ability to meet in executive session to discuss the public body’s negotiating position necessarily implies that the documents used for that purpose are exempt from

Ellen Glidden SPR25/1736 Page 3 June 27, 2025 disclosure under Exemption (a) of the Public Records Law. Therefore, documents relating to the Town’s ongoing negotiations with the DPW Union are being withheld pursuant to this exemption. The nature of Mr. Bombredi’s request and the Town’s response raises issues related to the Open Meeting Law, rather than the Public Records Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General and not this office, I decline to address this issue in this determination. See G. L. c. 30A, § 23. I encourage the parties to contact the Office of the Attorney General for a determination on the status of the executive session materials. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Cory Bombredi Hayley A. Reifeiss, Esq.