Christopher Burrell v. Massachusetts Port Authority (SPR 20250155)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2025 SPR25/0155 Shannon O’Donnell Public Records Access Officer Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128 Dear Ms. O’Donnell: I have received the petition of Chris Burrell, of WGBH News, appealing the response of the Massachusetts Port Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 19, 2024, Mr. Burrell requested the following: [C]opies of the last two reports or updates created by the Program Management Office that detail the progress Massport is making on net zero goals for its marine port operations, specifically: On Energy Conservation and Efficiency; Clean and Renewable Energy Sources; Sustainable Ground Transportation; and Partnerships, including community groups. Additionally, I am requesting copies of agendas and minutes of Community Affairs meetings with the public in 2023 and 2024. And a record showing the next two meetings scheduled in 2025 with agendas, if existing. The Authority responded on January 3, and January 10, 2025. Unsatisfied with the Authority’s responses, Mr. Burrell petitioned this office, and this appeal, SPR25/0155, 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, 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

Shannon O’Donnell SPR25/0155 Page 2 February 3, 2025 § 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. Current Appeal In his appeal petition, Mr. Burrell states that: The agency responded twice (Jan. 3 & Jan. 10) saying it is working on the request and will have records soon. But they have neither provided the records nor given me a timeline for when they would. The Authority’s January 3rd and January 10th Responses In its January 3, 2025 response, the Authority states the following: We are in the process of locating public records responsive to your request, subject to exemption or privilege. We will make responsive public records available to you as soon as possible, subject to the condition described below, and will notify you when they are available. In its January 10, 2025 response, the Authority states that “[w]e are working on this request and hope to have a response to you soon.” The Authority is advised that G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records ... and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.

Shannon O’Donnell SPR25/0155 Page 3 February 3, 2025 G. L. c. 66, § 10(b)(vi). Where Mr. Burrell submitted his request on December 19, 2024, and the Authority has not provided responsive records, nor cited an exemption for withholding records, I find the Authority has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Authority must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Authority must provide responsive records on a rolling basis. Conclusion Accordingly, the Authority is ordered to provide Mr. Burrell 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: Chris Burrell