Karen L. Buckley v. Haverhill, City of - City Clerk (SPR 20253356)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 1, 2025 SPR25/3356 Kaitlin Wright Records Access Officer City of Haverhill 4 Summer Street Haverhill, MA 01830 Dear Ms. Wright: I have received the petition of Karen Buckley appealing the response of the City of Haverhill (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 19, 2025, Ms. Buckley requested the following: Expense reports - in Excel format - for FYs 2021, 2022, 2023, 2024, 2025 containing all expenses at the line item level for all City departments including Fire, Police, Schools, DPW, etc. This should show what was purchased, from whom, for what item or service, the amount, and the department that made the purchase. This should also include payroll. Prior Appeal The requested records were the subject of a prior appeal. See SPR25/3197 Determination of the Supervisor of Records (November 14, 2025). In my November 14th determination, I closed SPR25/3197 in light of the City providing Ms. Buckley with a response dated November 13, 2025. Unsatisfied with the City’s response, Ms. Buckley petitioned this office and this appeal, SPR25/3356, 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

Kaitlin Wright SPR25/3356 Page 2 December 1, 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 City’s November 13th Response On November 13, 2025, the City responded with a link to responsive records located on the City’s website. Current Appeal In her November 13, 2025 appeal petition, Ms. Buckley asserts: This is the response from the City of Haverhill to my request appeal for spending detail at the invoice level, and their subsequent directing me to the audit does not meet my request. I know the reports already exist, since I have both seen them during my employment at the city and had occasion to create them for the IT department and the Mayor’s office when [an identified individual] was Mayor. Records in Existence; Possession, Custody, or Control The City is advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, 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). Based on the City’s response, and the information provided in Ms. Buckley’s appeal petition, it remains unclear whether the City possesses additional records responsive to Ms. Buckley’s request. If the City does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such

Kaitlin Wright SPR25/3356 Page 3 December 1, 2025 withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the City is ordered to provide Ms. Buckley with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Ms. Buckley may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Karen Buckley