Nykorchuk, Kari v. Northampton, City of - City Clerk (SPR 20261108)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 9, 2026 SPR26/1108 Pamela Powers City Clerk City of Northampton 210 Main Street, Room 4 Northampton, MA 01060 Dear Ms. Powers: I have received the petition of Kari Nykorchuk, Esq., of Nykorchuk Law Office, appealing the response of the City of Northampton (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 4, 2026, Attorney Nykorchuk requested, “[c]opies of all emails between the DPW and [an identified individual] in the last month.” Previous Appeal This request was the subject of a previous appeal. See SPR26/0876 Determination of the Supervisor of Records (March 24, 2026). In my March 24th determination, I closed SPR26/0876 in light of the City providing a response on March 19, 2026. Unsatisfied with the City’s response, Attorney Nykorchuk petitioned this office and this appeal, SPR26/1108, 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 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

Pamela Powers SPR26/1108 Page 2 April 9, 2026 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 March 19th Response In its March 19, 2026 response, the City provided numerous responsive records and stated, “I believe that this addresses request; however, if you are not satisfied this response, you may appeal to the Supervisor of Public Records.” Current Appeal In her appeal petition, Attorney Nykorchuk states, “I was told there were 86 emails. I was not told how long the request would take to fulfill. Many detailed requirements were left off the initial response…Further, and most distressing, the emails I paid over $100 for are mostly duplicate and empty pages... I was not given the opportunity to come and inspect the document.” Unclear Appeal Based on the foregoing, where it appears Attorney Nykorchuk has paid the fees and the City has provided the records responsive to the request, I find that the basis of Attorney Nykorchuk’s appeal is unclear. Attorney Nykorchuk is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(1)(f). Conclusion Accordingly, I am unable to issue a determination at this time. Attorney Nykorchuk may wish to clarify her specific objections to the City’s response. Sincerely, Manza Arthur Supervisor of Records cc: Kari Nykorchuk, Esq.