Barrella, John v. Middleborough, Town of - Office of the Town Clerk (SPR 20261079)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 6, 2026 SPR26/1079 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. Prior Appeal This request was the subject of a prior appeal. See SPR26/0334 Determination of the Supervisor of Records (February 17, 2026). In my February 17th determination I found that it was unclear if the Town possessed any additional records responsive to the request. The Town 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 SPR26/1079 Page 2 April 6, 2026 responded on February 27, 2026. Unsatisfied with the Town’s response, Mr. Barrella petitioned this office and this appeal, SPR26/1079, 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). 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. Current Appeal In his appeal, Mr. Barrella asserts, “Middleborough’s Records Access Officer has refused or delayed production of the DPW turnback accounting records (underlying journal entries, line-item ledgers, vendor invoices, and the electronic spreadsheets used to calculate reported turnback totals). Under Massachusetts law and controlling administrative precedent from the Supervisor of Records, those underlying financial records are public and must be produced.” The Town’s February 27th Response In its February 27, 2026 response, the Town stated, “[t]he Town has nothing else responsive to this request and is not obligated to create records in response to a request.” No Duty to Create Records Under the Public Records Law, the Town is not required to create a record in response to a public records request. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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).

Susan Nickerson SPR26/1079 Page 3 April 6, 2026 Conclusion Accordingly, where the Town has confirmed that it does not possess additional responsive records, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Mr. Barella is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: John Barrella