Requestor, Anonymous v. Attleboro, City of - City Clerk (SPR 20261029)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 25, 2026 SPR26/1029 Kathleen M. Jackson Records Access Officer City of Attleboro 77 Park Street Attleboro, MA 02703 Dear Ms. Jackson: I have received the petition of Anonymous Requestor (requestor) appealing the response of the City of Attleboro (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 12, 2026, the requestor requested “the Attleboro Public Schools Fiscal Year 2027 budget spreadsheets. … Specifically, I am requesting:” [1] The district level employee budget spreadsheet reflecting professional staff and central office positions, organized by office and or school, including fields such as employee name, position, step or degree, FTE, salary amounts, locally funded amounts, grant funded amounts, longevity, travel, and related compensation details. [2] The employee level support staff budget spreadsheet organized by school or department, including account number, role, employee name, FTE, budgeted salary amounts, stipends, longevity, clothing allowances, or other compensation fields for positions such as maintenance personnel, clerical staff, paraprofessionals, custodial staff, and similar roles. [3] The level serviced budget summary spreadsheet reflecting the district summary by school and level across multiple fiscal years, including actuals, proposed budget amounts, increases or decreases, percent change, and additional tabs for individual schools and related position or cost allocations. The City responded on February 27, 2026 and March 5, 2026. Unsatisfied with the City’s response, the requestor petitioned this office and this appeal, SPR26/1029, 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

Kathleen M. Jackson SPR26/1029 Page 2 March 25, 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 City’s February 27th and March 5th Responses On February 27, 2026, the City acknowledged receipt of the requestor’s request. On March 5, 2026, the City produced one responsive record and stated, “[a]t this time, the detailed salary breakdowns you referenced have not yet been finalized. Those documents are still being developed as part of the budget preparation process and will be completed in advance of the upcoming budget hearing.” Later on March 5th, the City stated, “I can break out the salary lines and send you those estimates. I’ll have a more thorough draft by the end of next week if you wanted a more updated version or I can send the estimates pulled out from the file.” Current Appeal In the requestor’s appeal petition, the requestor contends, “[t]he requested records are existing electronic spreadsheets maintained by the [City] in the ordinary course of business and have been provided in prior fiscal years. No statutory exemption has ever been cited. The [City] has missed two self-imposed production deadlines, failed to respond to multiple follow-up communications, and has not provided any explanation for the continued delay in producing the outstanding records.”

Kathleen M. Jackson SPR26/1029 Page 3 March 25, 2026 Additional Records 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). 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 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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 issues raised in the requestor’s appeal, it is unclear whether the City possesses additional responsive records. Specifically, the City must clarify whether it possesses additional responsive records. To the extent that additional records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide the requestor 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. The requestor may further appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Anonymous Requestor