Paul C. Nordberg v. Executive Office for Administration & Finance (SPR 20220803)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 14, 2022 SPR22/0803 Kelly Govoni Records Access Officer Executive Office for Administration and Finance State House, Room 373 Boston, MA 02133 Dear Ms. Govoni: I have received the petition of Paul C. Nordberg appealing the response of the Executive Office for Administration and Finance (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 12, 2022, Mr. Nordberg requested multiple categories of records concerning “Line Item 4200-0500 in the FY2007 Final State Budget” and “Line Item 4200-0500 in the FY2009 Final State Budget.” The Office responded on March 17, 2022. Unsatisfied with the Office’s response, Mr. Nordberg appealed, and this case 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. Att’y 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. 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 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

Kelly Govoni SPR22/0803 Page 2 April 14, 2022 custodian must provide the responsive records. Current Appeal In his appeal petition, Mr. Nordberg questions whether the documents he seeks exist, and whether they could have been destroyed. The Office’s March 17th Response In its March 17, 2022 response, the Office provides Mr. Nordberg with a link to a website including “data on budget-to-actual spending in the Commonwealth’s budgeted fund accounts” and another website including data on operating budgets. In a phone conversation between a staff attorney of the Public Records Division and the Office on April 14, 2022, the Office confirmed that it has no additional records responsive to Mr. Nordberg’s request. The Office specifically explained that it does not possess records responsive to the third part of Mr. Nordberg’s request for documents concerning how the “office satisfies itself that the funds to which a part of the Commonwealth’s government is seeking access, are used for the purpose specified in the Line Item.” Conclusion Where the Office has confirmed that it does not possess additional records responsive to Mr. Nordberg’s request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Paul C. Nordberg