Jack Rybicki v. Newbury, Town of - Town Administrator (SPR 20253436)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2025 SPR25/3436 Tracy Blais Town Administrator Town of Newbury 12 Kent Way, Suite 101 Byfield, MA 01922 Dear Ms. Blais: I have received the petition of Jack Rybicki appealing the response of the Town of Newbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 9, 2025, Mr. Rybicki requested the following: [1] At [a] recent Select Board meeting…it was announced our audited Free Cash Balance is roughly $3.2 million dollars. Specific mention was made of PEG money transfer of $1.2M being added by vote at the Annual Town Meeting 2025. This combined with the Free Cash balance of $750K after votes were taken, adds to $1.9M of the 3.2M cited. This leaves approximately $1.3M of the Free Cash balance not described, or ascribed, to any particular excess funding sources. As by the annual audit this $1.3[M] computes to 14% of the budget administratively managed where 3-5% is the Best Practice recommended goal for municipalities, taxpaying Newbury citizens desire to know how such $1.3M balance to transfer was arrived at; if there are other documents to that end, electronic copy would be appreciated. [2] Therefore please, may we citizens have electronic copy of April, May, June 2025 reports of “budget to actual reporting” documents developed per MA state law… The Town provided a response on November 18, 2025. Unsatisfied with the Town’s response, Mr. Rybicki petitioned this office and this appeal, SPR25/3426, 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

Tracy Blais SPR25/3436 Page 2 December 4, 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 November 18h Response In its November 18, 2025 response the Town provided records responsive to Item 2 and stated as to Item 1, “[u]nder the Public Records law, the Town is not required to create a record in response to a request…” Current Appeal In his November 19, 2025 petition to this office, Mr. Rybicki stated, “…[b]y these already known accounting auditing documents which are the basis of Certified Free Cash for all MA municipalities as directly related to this particular Public Records Request, and clearly known to the town officials in charge of taxpayer money in Newbury…I ask for review of the town denial of any answer so that this Public Records Request in fact can and will be fulfilled with existing documentation available for all…[sic]” Based on Mr. Rybicki’s petition and the Town’s response, it is unclear whether the Town possesses records responsive to Item 1. 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). Consequently, the Town must clarify whether it possesses responsive records. Conclusion Accordingly, the Town is ordered to provide Mr. Rybicki with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations

Tracy Blais SPR25/3436 Page 3 December 4, 2025 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. Mr. Rybicki may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jack Rybicki Joy Stanton Gretchen Girard