Brian DeLacey v. Malden City Clerk's Office (SPR 20200856)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 11, 2020 SPR20/0856 Greg Lucey Records Access Officer Town Clerk’s Office City of Malden 110 Pleasant Street Malden, MA 02148 Dear Mr. Lucey: I have received the petition of Brian DeLacey appealing the response of the City of Malden (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 4, 2020, Mr. DeLacey requested copies of: Community Preservation Committee (CPC) records/reports for FY17, FY18, FY19 and FY20. These are required, defined, enumerated and described by the CPC rulebook and/or City Ordinance…pre-applications/applications, including records related to approval, denial or other decisions, specifically: • Needs study; • Community Preservation Plan (long term and short term goals and priorities); • Financial budget (aka the Community Preservation budget); • Recommendations made to the Mayor; • CPC Budget presented as part of the City’s annual budget process; • Report of the Committee for inclusion in the City’s Annual Report; • Annual Report (such as posted to https://ww.cityofmalden.org/Achive.aspx); • CPC Report of Activities (due first week of January to City Clerk); • Report included in the Finance Committee’s report to the City Council; and • Community Preservation Initiatives Report (due Aug. 15 to EOEA). In a May 22, 2020 email response, the City asserted, “[w]e have completed the work in reference to your request…The response is given below.” As a result, Mr. DeLacey appealed to the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Mr. DeLacey indicates, “[t]he basis of my appeal is I have been denied access to requested records and 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

Greg Lucey SPR20/0856 Page 2 June 11, 2020 information described in the original request, as a result of only receiving a partial response to my request. Malden’s records custodian has denied access to some records believed to exist, or cannot produce requested records, and this provides the basis of my appeal.” Mr. DeLacey contends that the requested records are typically recurring reports that are required by statute to be filed every year. Specifically, Mr. DeLacey states, “…the [C]ity fails to provide records, but substitutes URLs, [l]inks, or pointers to sources on the internet or some private media platform like Facebook.” Mr. DeLacey questions why the City did not produce all the requested records. Burden of specificity in responding Pursuant to the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption when withholding records. G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. - - - - - at 511. It is unclear whether the City possesses all the records responsive to Mr. DeLacey’s request. The City must clarify whether it possesses responsive records. If the City is withholding records, it must claim an exemption to the Public Records Law with specificity. See G. L. c. 66, § 10(b)(iv). Conclusion Accordingly, the City is ordered to provide Mr. DeLacey with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. 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