Barrella, John v. Middleborough, Town of - Office of the Town Clerk (SPR 20260334)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 17, 2026 SPR26/0334 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 a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 3, 2026, Mr. Barrella requested the following records: During the Select Board meeting held on November 17, 2024, the Town presented the attached data regarding alleged DPW “turn backs.” Since that time, despite multiple written requests submitted to [an identified] Finance Director and other Town officials, the Town has not produced the underlying financial or accounting records necessary to substantiate or validate the figures presented. The Town has also not provided documentation of the actual DPW turnover-related costs incurred as a result of the significant and ongoing staff turnover over the past five fiscal years. We were informed via email by [an identified individual] that a “forensic audit” would be required to pull ... We are also requesting the date range to be changed to reflect the same dates as the presentation: FY23-FY26 for the data pertaining to the turn backs listed. However, we are still requesting all DPW turnover expenses from FY21-FY25 and please include FY26. We need to correct the date from November 17. 2024, to November 17, 2025. The Town responded on January 16, 2027. Unsatisfied with the Town’s response, Mr. Barrella petitioned this office and this appeal, SPR26/0334, 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

Susan Nickerson SPR26/0334 Page 2 February 17, 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. 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 January 16th Response In its January 16, 2026 response, the Town stated, “[w]e released all of the requested documents.” Current Appeal In his January 28, 2026 appeal, Mr. Barrella asserts, “I am submitting an appeal regarding the Town of Middleborough’s failure to provide public records related to DPW turnback figures and turnover‑related expenses following the Select Board meeting on November 17, 2025. I have attached the formal appeal, along with a true copy of the Public Records Request. Despite multiple written requests, the Town has not produced the underlying financial or accounting records used to generate the turnback amounts presented publicly, nor has it provided the turnover‑related cost documentation for FY2021–FY2025. The Town has also not identified any statutory exemption under M.G.L. c. 4, § 7(26) that would permit withholding these records.” Additional Records Based on Mr. Barrella’s claims, in conjunction with the Town’s response, it is unclear if the Town possesses any additional records responsive to his request. 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). However, 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). Consequently, the Town must clarify whether any additional responsive records exist.

Susan Nickerson SPR26/0334 Page 3 February 17, 2026 Conclusion Accordingly, the Town is ordered to provide Mr. Barrella 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. Mr. Barrella 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: John Barrella