Geraldine Mullaly v. Southeastern Regional Transit Authority (SPR 20250262)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2025 SPR25/0262 Erik Rousseau Administrator Southeastern Regional Transit Authority 700 Pleasant Street, Suite 320 New Bedford, MA 02740 Dear Mr. Rousseau: I have received the petition of Geraldine Mullaly appealing the response of the Southeastern Regional Transit Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 8, 2025, Ms. Mullaly requested a list of the current members of the Authority’s Advisory Board. On January 24, 2025, the Authority provided a response. Unsatisfied with the response, Ms. Mullaly petitioned this office and this appeal, SPR25/0262, 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. 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

Erik Rousseau SPR25/0262 Page 2 January 29, 2025 The Authority’s January 24th Response In its January 24, 2025 response, the Authority provided Ms. Mullaly with a link to its website, which lists the current members of its Advisory Board. Current Appeal In her January 28, 2025 petition to this office, Ms. Mullaly contends that the Authority’s website is inaccurate. Where Ms. Mullaly seeks to compel the revision of responsive records, I find that no violation of G.L. c. 66, § 10 has been asserted by Ms. Mullaly in the appeal petition. Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Mullaly in the appeal petition, I am unable to issue a determination at this time. If Ms. Mullaly is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § l0A(c). Sincerely, Manza Arthur Supervisor of Records cc: Geraldine Mullaly