Laura H. Ortiz v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20241012)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 18, 2024 SPR24/1012 Valerie Connolly Records Access Officer Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1710 Boston, MA 02108 Dear Ms. Connolly: I have received the petition of Laura Ortiz appealing the response of the Secretary of the Commonwealth Administrative Services Division (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 13, 2024, Ms. Ortiz requested the following: Any and all electronic records from the system that collects all the SPR Appeal public information. We seek all line item dates of SPR Appeals and corresponding SPR Appeal Numbers, Type of SPR Appeal, Requester and Custodian, as well as the Secretary of State Public Records Division Staff/Staff Attorney that worked on that SPR Appeal or Determined it. We do NOT seek any other data columns of this electronic record except the custodial knowledge of what other columns existed in the event we have to modify this request further. We also do NOT seek any individual file SPR Appeal created records, we only seek the main systems data record that can be printed out to show the specific public information for ALL SPR appeals and our specific parameters. . . . Timeline: 9/13/21-3/13/24 chronologically. Having received no response, Ms. Ortiz petitioned this office, and this case was opened as a result. Subsequent to the opening of this appeal, the Division responded on April 12, 2024, providing responsive records. In an email to the Division and this office on April 16, 2024, Ms. Ortiz objected to the Division’s response. 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

Valerie Connolly SPR24/1012 Page 2 April 18, 2024 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. 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 Division’s April 16th Response In its April 16, 2024 response, the Division provides a spreadsheet including approximately 10 columns and approximately 7,325 lines of data. Current Appeal In her April 16, 2024 email, Ms. Ortiz contends that the Division “provided incomplete records and records that are missing data, and are also missing a huge chunk of the public records date scope.” Additionally, she lists approximately nine categories of data which she believes are missing or inaccurate. Possession, Custody, or Control; No Duty to Answer Questions, Conduct Research Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In a conversation between a member of the Division and a senior attorney of the Public Records Division on April 17, 2024, the Division confirmed that all responsive data fields have been provided to Ms. Ortiz, and that the Division does not possess additional responsive records.

Valerie Connolly SPR24/1012 Page 3 April 18, 2024 Conclusion Where the Division confirmed that it does not possess additional records responsive to the request, I will now consider this administrative appeal closed. If Ms. Ortiz is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz