Brian DeLacey v. Malden, City of - Office of the City Solicitor (SPR 20191152)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 21, 2019 SPR19/1152 Lisa Cagno Department RAO Council Office Department City of Malden 110 Pleasant Street Malden, MA 02148 Dear Ms. Cagno: I have received the petition from Brian DeLacey appealing the response from the City of Malden (City) regarding a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on March 7, 2019, Mr. DeLacey requested "the slide presentation presented by Councilor John Matheson at public meeting held on June 27, 2018." Previous Appeals This appeal was subject of a previous appeals. See SPR 19/0643 Determination of the Supervisor of Records (December 11, 2018);SPR 19/0807 Determination of the Supervisor of Records (May 2, 2019). I closed SPR19/0807 by ordering the City to provide Mr. DeLacey with a response to his request; specifically explaining whether the City possesses the slide presentation Mr. DeLacey contends exists. In a letter dated May 20, 2019, the City provided Mr. DeLacey a response. Unsatisfied with this response, Mr. DeLacey petitioned this office and as a result SPRl 9/1152 was opened. Current Appeal In the City's May 20th response letter to Mr. DeLacey from the City Solicitor, the City indicated they "do not have a copy of the slide show presented by Councillor Matheson because it was not shown at a public meeting of a public body of the City. Further the slide show was not created, kept, or in the possession of the City for public purposes. It is my understanding the slide show was created by Councillor Matheson to engage in discussions with his constituents; it was therefore not a public record created by the City of Malden for a public purpose." 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

Lisa Cagno SPR19/l 152 Page 2 June 21, 2019 Mr. DeLacey contends " [t ]he 6/27/ 18 meeting was held in a city building (Beebe School) and attended by 7 5 people. The building was reserved by city staff. .. [rJ esidents received a posted mailer Matheson paid for out of pocket and requested 'reimbursement to me ... out of Ward funds.' ... mailer was printed with the City of Malden seal from the 'Council Office' for a 'Ward 3 Meeting.' It was signed by John P. Matheson, Esq. Ward 3 Councilor." Existence ofr esponsive 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). 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). The definition of a public record 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 an agency or municipality. See G. L. c. 4, § 7(26). It appears that Councilor Matheson created the slideshow in his official capacity, therefore it is unclear how the slideshow is not within the City's possession, custody, or control and falling under the statutory definition of a public record. The City must clarify this matter. Order Accordingly, the City is ordered to provide Ms. DeLacey with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it's Regulations within 10 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: Brian DeLacey