Matthew Campbell v. Executive Office of Energy and Environmental Affairs (SPR 20233007)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2023 SPR23/3007 Read D. Porter, Esq. Deputy General Counsel Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Attorney Porter: I have received the petition of Matthew Campbell, of the Mystic Valley Regional Charter School, appealing the response of the Executive Office of Energy and Environmental Affairs (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 19, 2023, Mr. Campbell requested the following records: [1.] Any and all Trafton Park, Malden MA, “Parkland Acquisition and Renovations for Communities (PARC) Grant Program Application Form(s) from 2018-the Present. Please provide in Electronic means if at all possible as according to your application regulations it had to be submitted through electronic means in the forms instructions. [2.] If fees to be charged were part of the application in number 11 of the “Parkland Acquisition and Renovations for Communities (PARC) Grant Program Application Form(s)” please provide those fee schedules submitted at the time of the application, for Trafton Park [3.] If fees were not to be charged in the application according to number 11 of the “Parkland Acquisition and Renovations for Communities (PARC) Grant Program Application Form(s)” filling in “No” on the form, but at some time later before the PARC Grant was awarded please forward the amended application for both Devir Park, Malden MA, and Trafton Park, Malden MA. [4.] Provide any written approval, from the DCS to the City of Malden, for any fee schedule that was in place prior to the PARC grant being awarded, for Trafton, Devir, or Kierstead Parks, to any new fee schedule approved after the PARC grant was awarded including the waiver to differentiate by residence of the members of any Malden based non profit or public organization. [5.] Provide any written approval or waiver provided to the City of Malden for Trafton, Devir or Kierstead Parks in order for them to charge a fee to Regional 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

Read D. Porter, Esq. SPR23/3007 Page 2 December 27, 2023 State Public[.] The City provided a response on November 7, 2023. Unsatisfied with the response, Mr. Campbell petitioned this office and this appeal, SPR23/3007, 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, § l0A(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. 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. 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 custodian must provide the responsive records. The Office’s November 7th Response In its November 7, 2023 response, the Office provided email records and stated, “[a]fter a reasonable search, we have identified records responsive to your request, which are attached to this letter.” Current appeal In his appeal, Mr. Campbell states, “[we are] seeking a response to a request for 5 separate categories of documents. [We] received e-mails generally relating to the subject matter, but nothing responsive to the document requests.” In light of the claims made by Mr. Campbell, it is unclear if the Office possesses additional records that may be 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 responsive records exist, I find the Office 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).

Read D. Porter, Esq. SPR23/3007 Page 3 December 27, 2023 Conclusion Accordingly, the Office is ordered to provide Mr. Campbell with a response to the request, provided in a manner consistent with this order, the Public Records Law and its 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Matthew Campbell Elizabeth Doherty, Esq.