Sheryl Blancato v. Department of Agricultural Resources (SPR 20240535)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 22, 2024 SPR24/0535 Raquel Loayza Primary Records Access Officer Massachusetts Department of Agricultural Resources 225 Turnpike Road, 3rd Floor Southborough, MA 01772 Dear Ms. Loayza: I have received the petition of Sheryl Blancato appealing the response of Massachusetts Department of Agricultural Resources (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 13, 2024, Ms. Blancato requested “documents related to any formal complaints by the public against Second Chance Animal Services regarding sick pets or similar by any public person or adopter for the past 5 years.” The Department responded on January 30, 2024. Unsatisfied with the Department’s response, Ms. Blancato petitioned this office and this appeal, SPR24/0535, 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. 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. 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

Raquel Loayza SPR24/0535 Page 2 February 22, 2024 If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); -se-e -a-ls-o 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s January 30th Response In its January 30, 2024 response, the Department states that “[d]ue to the scope of [Ms. Blancato’s] request, MDAR will require additional time to search for responsive materials. MDAR will respond to [Ms. Blancato’s] request with additional information on next steps no later than February 13, 2024, and will inform [her] if any additional time will be necessary.” Current Appeal In her appeal, Ms. Blancato states, “I received a letter within the 10 days of the [request] stating they needed more time and that I would receive them no later than Feb. 13th. To date I have received no records and my [subsequent email dated February 15, 2024] was not responded to.” Provide timeframe G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Blancato’s request was originally submitted on January 13, 2024 and the Department has not provided responsive records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Department must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis.

Raquel Loayza SPR24/0535 Page 3 February 22, 2024 Conclusion Accordingly, the Department is ordered to provide Ms. Blancato with a response to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Ms. Blancato may appeal the substantive nature of the Department’s supplemental response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Sheryl Blancato