Malden News Network v. Malden, City of (SPR 20242018)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 29, 2024 SPR24/2018 Carol Ann Desiderio City Clerk City of Malden 215 Pleasant Street Malden, MA 02148 Dear Ms. Desiderio: I have received the petition of 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 June 28, 2024, the requestor sought, “any correspondence, communication or other record created or received by the Mayor’s Office or any City of Malden employee (ie. any staff member employed there) related to the early closure of City Hall on June 25, 2024, whether or not reference is made to Malden Municipal Code 2.04.010 or the reasons for which the early closure was decided and directed… Additionally, please provide any records which accurately quantify, calculate, record payroll for any money that would normally be paid to City Staff for working the two normally extended hours at City Hall from 5PM - 7 PM on Tuesdays (whether that payment is considered overtime or any other form of compensation).” The City responded on July 15, 2024, providing records. Unsatisfied with the City’s response, the requestor petitioned this office and this appeal, SPR24/2018, 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. 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 SPR24/2018 Page 2 July 29, 2024 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 July 15th Response In its July 1, 2024 response, the City provided a record and stated, “[p]lease find attached the only document pertaining to your request. There are no emails, texts or posting re: a closure of City Hall at 5pm on 06/25/2024.” Current Appeal In the appeal petition, the requestor states, “[t]he response included an attachment, which is a one page notice, such as what had been taped to the main entry door at City Hall on June 25, 2024… The response failed entirely to respond to the second portion of the request…” Additional Records Based on the requestor’s claim above, it is unclear whether the City possesses additional records responsive to the request. Specifically, the City must clarify whether it possesses records responsive to “. . . any records which accurately quantify, calculate, record payroll for any money that would normally be paid to City Staff for working the two normally extended hours at City Hall from 5PM - 7 PM on Tuesdays (whether that payment is considered overtime or any other form of compensation).” 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). 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). The City must clarify this matter. 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.

Carol Ann Desiderio SPR24/2018 Page 3 July 29, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Malden News Network