Commonwealth Transparency v. Malden, City of - Office of the City Clerk (SPR 20241598)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 11, 2024 SPR24/1598 Carol Ann Desiderio City Clerk City of Malden 215 Pleasant Street, Room 220 Malden, MA 02148 Dear Ms. Desiderio: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of the City of Malden (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 13, 2024, the requestor sought the following records: [A]ccounting documents for the fiscal years 2019, 2020, 2021, 2022, 2023, and 2024 for the City of Malden/Malden Public Schools. [1.] Combined Balance Sheet for Free Cash. [2.] GASBS 34 Basic Statements – if there is no GASBS 34 Basic Statements, please provide the balance sheet and free cash certification. [3.] Schedule A - The Schedule A is the report the submitted to the Department of Revenue [4.] School Department End of Year Report - The Pupil & Financial Report for the End of Year School Returns is the report submitted to the Department of Education and is known as the End-of-Year-Report [5.] Tax Recap sheet[.] The City responded on May 28, 2024, providing hyperlinks to responsive records. Unsatisfied with the City’s response, the requestor 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 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

Carol Ann Desiderio SPR24/1598 Page 2 June 11, 2024 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 City’s May 28th Response In its May 28, 2024 response, the City provides hyperlinks to two websites containing numerous responsive records. Current Appeal In the appeal petition, the requestor contends the following: The attached URL’s do NOT provide the following records for Malden for the years specified: Combined Balance Sheet for Free Cash GASBS 34 Basic Statements Schedule A School Department End of Year Report Tax Recap sheet Possession, Custody, Control Based on the requestor’s claim above, it is unclear whether the City possesses additional records responsive to the request. If the City does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). The City must clarify this matter.

Carol Ann Desiderio SPR24/1598 Page 3 June 11, 2024 Conclusion Accordingly, the City is ordered to provide the requestor with a response to the 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. Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency