Cory Bombredi v. Barre, Town of - Town Administrator (SPR 20252274)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 13, 2025 SPR25/2274 Ellen M. Glidden Town Clerk Town of Barre 40 West Street 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 9, 2025 Mr. Bombredi requested “...any and all non-union employment agreements, MOUs, MOAs, or contracts currently in effect for employees of the Town of Barre includ[ing] but is not limited to” the following: [1]Collective Bargaining Agreements (CBAs)[;] [2] Memoranda of Understanding (MOUs)[;] [3] Memoranda of Agreement (MOAs)[;] [4] Individual employment contracts for non-union or appointed personnel[;] [5] Any agreements that have been negotiated by one or more parties and are pending funding at the June 24, 2025, Annual Town Meeting[.] The Town responded on May 21, 2025. Unsatisfied with the response, Mr. Bombredi petitioned this office and this appeal, SPR25/2274, 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). 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 M. Glidden SPR25/2274 Page 2 August 13, 2025 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. 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 May 21st response In its May 21, 2025 response, the Town produced seven (7) responsive records and also produced additional responsive records separately due to the large size of the files. The Town stated, “[u]pon receipt of your request, the Town has undertaken a diligent search for responsive records. Please find records responsive to this request attached here. The Town has nothing else responsive to this request.” Current appeal In his appeal, Mr. Bombredi stated “I have since discovered that a signed Letter of Understanding (LOU) for [an identified individual] ... approved during a public meeting on October 3, 2022, and included in the official meeting packet — was not disclosed.” Based on Mr. Bombredi’s claims, in conjunction with the Town’s response, it is unclear if the Town possesses any additional records responsive to his request. 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Town must clarify whether any additional responsive records exist. Conclusion Accordingly, the Town is ordered to provide Mr. Bombredi with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Bombredi may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Ellen M. Glidden SPR25/2274 Page 3 August 13, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Cory Bombredi