Malden News Network v. Malden, City of - Office of the City Clerk (SPR 20241688)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 6, 2024 SPR24/1688 Carol Desiderio City Clerk City of Malden 215 Pleasant Street Second Floor, Room 220 Malden, MA 02148 Dear Ms. Desiderio: I have received the petition of the Malden News Network (“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 23, 2024, the requestor sought the following: … any records related to the standards for temperature monitoring, cooling, control, adjustment, repair or general operation of HVAC systems, including hourly temperature measurements (or whatever information is available) with clearly designated location descriptions such as floor, room or office level descriptions for each of the following FIVE public buildings on the days from May 15, 2024 to the date of this request [May 23, 2024]: [1] City Hall [2] Malden High School [3] Beebe School [4] Early Learning Center [5] Malden Public Library Records are expected to include reports, standards, health or OSHA guidelines, graphs, spreadsheets, emails, tables, charts, plans, corrective tickets, complaints, repair bills or any other records which were created, received, used or in use during the timeframe requested. The City responded on May 29, 2024 and provided a fee estimate of $860.50 to gather and download the requested information from the HVAC units in each of the listed locations. 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 Desiderio SPR24/1688 Page 2 June 6, 2024 In response, the requestor stated, “[w]e have no interest in paying $860.50 for the public records requested. We believe these should be routinely and freely available to the public…. [We] would be glad to revise / modify the scope of the request and limit the building records to three: City Hall, Beebe School and the Early Learning Center at this time.” The City further responded on June 4, 2024, with an updated fee estimate. Unsatisfied with the City’s response, the requestor petitioned this office and this appeal, SPR24/1688, was opened as a result. Subsequently, I learned that the City provided the requestor with a further response on June 6, 2024. Where this appeal was opened as a result of the City’s June 4, 2024 response, I will now consider this administrative appeal closed. The requestor may appeal the substantive nature of the City’s June 6th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Malden News Network