Cindy L. Christiansen, PhD v. Massachusetts Port Authority - Community Advisory Committee (SPR 20200372)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 3, 2020 SPR20/0372 Jennifer Dopazo Gilbert General Counsel Massachusetts Port Authority - Community Advisory Committee P.O. Box 470614 Brookline, MA 0244 7 Dear Jennifer Dopazo Gilbert: I have received the petition of Cindy L. Christiansen appealing the response of the Massachusetts Port Authority Community Advisory Committee (Authority) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on February 9, 2020, Ms. Christiansen requested copies of certain minutes of the Massport CAC and/or its sub committee meetings. It is my understanding that the Authority provided Ms. Christiansen a response dated February 18, 2020. Unsatisfied by this response, Mr. Christiansen appealed to this office and as a result SPR20/03 72 was opened. Tlie 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, § lOA(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, § 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, § lO(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. Current Appeal In her appeal to this office dated February 25, 2020 Ms. Christiansen states, "I ask for your agency's help in getting this public records request that I made on 2/9/2020 to Massport 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

SPR20/0372 Stephanie Ackley Page 2 March 03, 2020 Community Advisory Committee (MCAC), a State Agency under MGL. MCAC acknowledged receipt ofmy 2/9/2020 request on 2/18/2020. They have now posted online the Executive Committee Meeting Minutes that were requested, but the request for minutes from 2 other meetings have not been provided." In a response dated March 3, 2020 the Authority states, "[t]he only remaining minutes, for the 1/9/2020 General Committee Meeting and the 9/17/2019 Aviation Subcommittee Meeting will be provided in an unofficial draft form when they are in fact in draft form. I anticipate the draft minuets will be ready in the next few weeks and we will certainly send copies to Ms. Christiansen." Conclusion This office encourages Ms. Christiansen and the Authority to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § lO(b)(vii) (an agency shaP suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). Sincerely, ~~ Supervisor of Records cc: Cindy L. Christiansen