Matthew Rocheleau v. Executive Office of Energy and Environmental Affairs - Office of Coastal Zone Management (SPR 20181656)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 26,20 18 SPR1811656 Tori Kim, Esq. General Counsel Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 021 14 Dear Attorney Kim: I have received the petitibn of Matthew Rocheleau of the Boston Globe appealing the response of the Executive Office of Energy and Environmental Affairs (EOEEA) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 15, 201 8, Mr. Rocheleau requested the following records: Logslrecords of anylall times the personal key code assigned to EEAIEnvironmental "8 Police employee . . . was used to access the Environmental Police facility in Westborough during August and September 20 18. Logslrecords of anylall times the personal key code assigned to Environmental Police employee . . . was used to access the Environmental Police facility in Westborough during August and September 20 18. Logslrecords of anylall times the personal ltey code assigned to Environmental Police employee . . . was used to access the Environmental Police facility in Westborough during August and September 20 18. Anyla11 emails EEAIEnvironmental Police employee . . . sent and received from Aug. 28 through Sept. 2 that include in the body or subject line of the email the word 'camera' or 'cameras.' Anylall receipts, inventory records, and other documentation for anylall cameralvideo surveillance equipment purchased by the Massachusetts Environmental Police and its employees since Jan. 1,201 5. This request is for any documentation that shows the date of such purchases, the source of the funds used to pay for the equipment, which employee(s) madelauthorized each purchase, the reason for each purchase, each item's intended use andlor where each item was installed." The EOEEA provided a response on November 5,2018 , which included a responsive record and links to an online website which contains other responsive records. Unsatisfied with 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

Tori Kim, Esq. Page 2 November 26,20 18 the EOEEA's response, Mr. Rocheleau petitioned this office and this appeal, SPR18/1656, was opened as a result. It appears this appeal pertains to the fifth request only. 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, 5 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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, 5 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, 5 lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatlev, 419 Mass. 507, 51 1 (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, 5 lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. st'' The EOEEA 's November response In its November 5,2018 response, and with respect to request 5, the EOEEA states that "[rlelevant data on state spending is available on the Comptroller's CTHRU website, available at http://www.mass.aov/cornptroller/cthru/T,h"e EOEEA indicates that "[Mr. Rocheleau] can use the following link to access the CTHRU page for the Massachusetts Environmental Police: http://cthruspendina.mass.aov/#!/year/201 8/explore/O-/cabinet secretariat (click links to 'Environmental Affairs' / 'Direct Appropriations' [or other funding source] / 'Environmental Law Enforcement'). To see data from past years, choose the appropriate year on the top of the page. To see individual payments, click on the Checkbook tab. CTHRU also has guidance on how to use the website, including FAQs." In his petition for appeal, Mr. Rocheleau claims that the EOEEA has ". . . not provided enough information for the Globe to even identify the transactions it is seeking information about on that CTHRU website. . . ." G. L. c. 66, 5 6A(d) provides that "[ilf the public record requested is available on a public website pursuant to subsection (b) of section 19 of this chapter, section 14C of chapter 7 or any other appropriately indexed and searchable public website, the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website." As such, whereas Mr. Rocheleau claims that the information provided by the EOEEA is not enough to enable him identify the transactions he is seeking, this office encourages the EOEEA and Mr. Rocheleau to communicate further in order to enable Mr. Rocheleau to locate responsive records.

Tori Kim, Esq. Page 3 November 26,20 18 Additional responsive records In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in their custody to assist the requestor in obtaining the desired information. 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. G. L. c. 66, tj lO(a)(ii). A records access officer must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § lO(b)(vii). In his petition for appeal, Mr. Rocheleau claims that other parts of his request, "[a]ny/all receipts, inventory records, and other documentation . . .," are not on the CTHRU website and ". . . are not published online anywhere else." As such, the EOEEA must clarify whether it possesses additional records, specifically, receipts, inventory records or other documentation related to its camera and video surveillance equipment purchases. Conclusion Accordingly, the EOEEA is ordered to provide Mr. Rocheleau with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@- ,sec.state.ma.us. Sincerely, - Rebecca S. Murray Supervisor of Records cc: Matthew Rocheleau