Barrella, John v. Middleborough, Town of - Office of the Town Clerk (SPR 20260145)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2026 SPR26/0145 Susan Nickerson Director of Finance Town of Middleborough Town Hall Annex 20 Centre Street Middleborough, MA 02346 Dear Ms. Nickerson: I have received the petition of John Barrella appealing the response of the Town of Middleborough (Town) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Request 1 On November 18, 2025, Mr. Barrella requested, “the vehicle policy and DPW expenses data and presentations from last night[.]” Subsequently, in an email to the Town on December 2, 2025, Mr. Barrella modified his request to seek, “the supporting details and data from the November 17th meeting regarding a full copy of the vehicle policy and DPW expenses, including calculations.” Request 2 On December 10, 2025, Mr. Barrella requested the following: Please provide MUNIS reporting for each position listed in the DPW turnback funds presentation. Please indicate where these funds were allocated, and, if reallocated; when and how those funds were re-allocated. . . . [P]lease include all relevant MUNIS documentation, such as any and all requestion [sic] and journal entry numbers, batch numbers, and account references. . . . If . . . turnover costs were . . . incurred during the . . . [period referenced in the November 17th presentation], citizens request that such costs be identified and included in the 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

Susan Nickerson SPR26/0145 Page 2 January 29, 2026 reporting, together with supporting documentation sufficient to establish the nature, timing and allocation of those expenditures. The Town responded on December 3, 2025, December 12, 2025, and December 14, 2025. Unsatisfied with the Town’s responses, and claiming not to have received responsive records, Mr. Barrella petitioned this office and this appeal, SPR26/0145, was opened as a result. While this appeal was pending, the Town provided additional information in emails to this office on January 14, 2026 and January 16, 2026. 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 December 3rd, December 12th, and December 14th Responses Request 1 In its December 3, 2025 response to Request 1, a representative for the Town provided a link to approximately 37 pages of responsive records available on the Town’s website and stated, “[t]he information . . . regarding the presentation made at the November 17th Select Board meeting can be found in the public Select Board packet [on the Town’s website]. . . .” Request 2 In its December 12, 2025 response to Request 2, a representative for the Town clarified “that the Town is not on Munis for payroll” and provided an overview of “[t]he first three phases of Munis that the Town has contracted. . .”

Susan Nickerson SPR26/0145 Page 3 January 29, 2026 In email correspondence replying to the Town on the same date, Mr. Barrella stated, “[c]itizens would appreciate receiving this information in any available format and/or data source” and inquired as to “when they can expect to receive it[.]” In its December 14, 2025 response to Request 2, the Town representative reiterated that the Town is “not on Munis payroll” and advised Mr. Barrella that, “the specific information” he sought, “would entail a forensic audit. . .” Current Appeal In his January 14, 2026 petition to this office, Mr. Barrella objects to the Town’s responses to his above requests. In doing so, he claims that the Town has “[f]ailed to produce any underlying financial or accounting records substantiating the turnback amounts presented publicly” and “[f]ailed to provide documentation of actual turnover‑related costs for DPW positions from FY2021–FY2025.” Mr. Barrella additionally reject’s the Town’s response, “that a [‘]forensic audit[’] would be required to retrieve this information” and contends that “the Town has already publicly presented aggregate data derived from those same records.” Subsequent to the opening of this appeal, in an email to this office on January 14, 2026, a Town representative confirmed that Mr. Barrella modified his above requests in a new request to the Town dated January 3, 2026. Further, in an email to this office on January 16, 2026, a Town representative advised that the Town provided a response to the modified January 3rd request on January 15, 2026. Petitions to Supervisor of Records Please be advised, when filing a Public Records Appeal, pursuant to 950 C.M.R. 32.08(1)(f), the requestor must provide the following: 1. The written request; 2. The written response, if any had; 3. A brief letter detailing the reason for the appeal. If Mr. Barrella seeks to file an appeal regarding his modified January 3rd request to the Town, he must provide the above required documents, and submit those documents for an appeal within 90 calendar days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: John Barrella