Malden News Network v. Malden, City of (SPR 20242304)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 27, 2024 SPR24/2304 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 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 July 18, 2024, the requestor sought: For each of the calendar years 2013 - 2024, please provide any records serving as a ‘statement of the amounts recommended by [the Mayor] for proposed expenditures of the city for the next fiscal year’ which were to be funded by or in any way related to obligations, options or terms of The Wynn Malden Surrounding Community Agreement. Records include those submitted by the Mayor … to the City Council for any expenditure or appropriation to be funded in any relation to the Surrounding Community Agreement … Responsive records and statements include spreadsheets, presentations, PDF or other formatted documents, emails, reports, recommendations, legal and financial opinions, communications with any state or municipal employee or official (whether they represent Malden or any other government entity in Massachusetts.) … Responsive records include any (and all) portions of any budget document, or subsection thereof, making clear that portion which is “classified and designated so as to show separately with respect to each officer, department or undertaking for which an appropriation is recommended” in relation to terms of The Wynn Malden Surrounding Community Agreement. Previous Appeal This request was the subject of a previous appeal. See SPR24/2059 Determination of the 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 SPR24/2304 Page 2 August 27, 2024 Supervisor of Records (July 31, 2024). In my July 31st Determination, I ordered the City to provide the requestor with a response to the request. The City responded on August 14, 2024, providing responsive records to the request. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR24/2304, 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. 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 August 14th Response In its August 14, 2024 response, the City states, “the records you requested can be found on the City’s website at: https://www.cityofmalden.org/271/City-Budget[.]” Current appeal In the appeal petition, the requestor states, “[t]he City of Malden’s August 14th response is insufficient and does not provide records sought, for the reasons described in the attached documents.” In the attached document, the requestor states, “[t]he records pointed to at the ‘City- Budget’ URL recommended by Malden’s City Controller do not provide records sought for calendar years 2013 - 2024… We ask for:” Records serving as a statement of the amounts recommended by [the Mayor] for proposed expenditures of the city for the next fiscal year’ which were to be funded by or in any way related to obligations, options or terms of The Wynn Malden Surrounding Community Agreement. Records including those submitted by the Mayor, whether in draft of final form, as required under MGL Chapter 44, Section 32, to the City Council for any

Carol Ann Desiderio SPR24/2304 Page 3 August 27, 2024 expenditure or appropriation to be funded in any relation to the Surrounding Community Agreement, such as expenditures (including fund transfers, grants, promises, or other purposes specified) like but not limited to the Malden Community Fund Committee, Inc., including any other festival or expense. Records [which] clearly indicate line items, language, or relevant portions of large documents which might in even a small part spell out “the purposes specified” for each expenditure contemplated in relation to the Surrounding Community Agreement. The original request clearly described the types of records expected, such as: Any (and all) portions of any budget document, or subsection thereof … ‘classified and designated so as to show separately … [where] an appropriation is recommended’ in relation to … The Wynn Malden Surrounding Community Agreement. Spreadsheets, presentations, PDF or other formatted documents, emails, reports, recommendations, legal and financial opinions, communications … In light of the above, I find the City must clarify if it possesses any additional records responsive to the request. 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether additional records exist. 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 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: Malden News Network