John Barrella v. Middleborough, Town of - Office of the Town Clerk (SPR 20253113)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 31, 2025 SPR25/3113 Pamela Menconi Town Clerk Town of Middleborough 20 Centre Street, First Floor Middleborough, MA 02346 Dear Ms. Menconi: I have received the petition of John Barrella III appealing the response of the Town of Middleborough (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 10, 2025, Mr. Barrella requested, “…the town employee’s name along with make, model, year, and acquisition date of each vehicle, and indicate whether the vehicle is owned or leased by the town.” The Town assigned the request reference number 25- 405. Previous Appeal This request was the subject of a previous appeal. See SPR25/2802 Determination of the Supervisor of Records (October 1, 2025). In my October 1st determination, given that the Town confirmed it possesses no records regarding the requested names of employees assigned to each vehicle, I found that this portion of Mr. Barrella’s appeal was resolved. Additionally, I found that the Town had not met its burden to redact the responsive records under Exemptions (a) and (b) of the Public Records Law. An attorney for the Town responded on October 1, 2025 and October 21, 2025. Unsatisfied with the Town’s responses, Mr. Barrella petitioned this office and this appeal, SPR25/3113, 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

Pamela Menconi SPR25/3113 Page 2 October 31, 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 October 1st and October 21st Responses In its October 1, 2025 response, the Town provided an un-redacted copy of the responsive records and stated, “[t]he Town has nothing else responsive to this request…” On October 21, 2025, the Town clarified that it sent its previous response to an incorrect email address and resent the un-redacted records to Mr. Barrella. After Mr. Barrella stated that the response “only partially satisfies the original request,” the Town responded again on October 21, 2025, “[t]he Town has provided unredacted copies of all records responsive to this request… it has nothing else responsive and considers this matter closed.” Current Appeal In his appeal petition, Mr. Barrella stated: While they have provided the VIN’s, they have not provided the names of who the vehicles are assigned to… It appears that based on the Town’’s limited response, they claim there is no such list of who is assigned to a very narrow list of “take-home” vehicles and yet, we know the town has provided the list of these vehicles by position of employee, just not their names. Therefore, the Town does maintain a list (or at minimum, the data), albeit, in two separate places… Issue Previously Addressed It appears that the issue raised in Mr. Barrella’s appeal was previously addressed in a prior determination. See SPR25/2802 Determination of the Supervisor of Records (October 1, 2025). Regarding the requested names of employees assigned to each vehicle, I found that the Town had met its burden in responding to this portion of the request in light of the Town confirming that it possesses no additional responsive records.

Pamela Menconi SPR25/3113 Page 3 October 31, 2025 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). Further, 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 Given that the Town has again confirmed that it possesses no additional records responsive to the request, and this office has no authority to compel the Town to create records, I will consider this administrative appeal closed. If Mr. Barrella 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). Sincerely, Manza Arthur Supervisor of Records cc: John Barrella III