Jean Costello v. Newburyport, City of - Office of the City Clerk (SPR 20252753)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 25, 2025 SPR25/2753 Kathleen Sullivan City Clerk City of Newburyport 60 Pleasant Street Newburyport, MA 01950 Dear Ms. Sullivan: I have received the petition of Jean Costello 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 September 15, 2025, Ms. Costello requested “… a copy of the complete and final Library Investigation Report prepared at the request of the City Council by [an identified individual] and dated March 19, 2025.” The City responded on September 17, 2025. Unsatisfied with the City’s responses, Ms. Costello petitioned this office and this appeal, SPR25/2753, 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

Kathleen Sullivan SPR25/2753 Page 2 September 25, 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 September 17th Responses In its initial September 17, 2025 response, the City produced an executive summary of the requested report. In its subsequent September 17, 2025 response, the City informed Ms. Costello that it had released all responsive records, and that it considered the request fulfilled. The City further stated that the City Council had agreed to release the executive summary of the requested report, but did not intend to release any additional information. Current Appeal In her September 18, 2025 petition to this office, Ms. Costello objected to the City’s response as incomplete. In a September 19, 2025 email communication to this office, the City stated that the requested report was the subject of a pending matter before the Massachusetts Commission Against Discrimination. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter before the Massachusetts Commission Against Discrimination, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Kathleen Sullivan SPR25/2753 Page 3 September 25, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jean Costello