Joseph Pecevich v. Marshfield Housing Authority (SPR 20232106)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 18, 2023 SPR23/2106 Narice Ann Casper II Record Access Officer Marshfield Housing Authority 17 Tea Rock Gardens Marshfield, MA 02050 Dear Ms. Casper: I have received the petition of Joseph Pecevich appealing the response of the Marshfield Housing Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 10, 2023, Mr. Pecevich requested “[an identified individual] to provide copies of all bank or financial statements and ledgers related to or for ‘MTDT’ and the Marshfield Housing Authority for the time period August 2022 through August 10, 2023.” On August 25, 2023, the Authority responded. Unsatisfied with the Authority’s response, Mr. Pecevich petitioned this office and this appeal, SPR23/2106, 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. 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

Narice Ann Casper II SPR23/2106 Page 2 September 18, 2023 The Authority’s August 25th Response In its August 25, 2023 response, the Authority states, “I have resigned from the [Authority] and do not have any bank or financial statements and ledgers related to or for ‘MTDT’ and the Marshfield Housing Authority.” Current Appeal In his appeal, Mr. Pecevich asserts, “[an identified individual at the Authority] writes in an email dated August 25, 2023 that he has resigned from the Marshfield Housing Authority and so, does not have access to any such information. It seems he was and is obligated to provide the information.” Based on the Authority’s response, in conjunction with Mr. Pecevich’s appeal, it is unclear if the Authority possesses records responsive to the request. 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. See G. L. c. 66, § 10(a)(ii). To the extent that records exist, I find the Authority must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Authority is ordered to provide Mr. Pecevich 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Joseph Pecevich