John Moran v. Massachusetts Department of Transportation (SPR 20251071)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 25, 2025 SPR25/1071 William J. Doyle, Esq. Records Access Officer Massachusetts Department of Transportation 10 Park Plaza Suite 3510 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of John Moran, appealing the response of the Massachusetts Department of Transportation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 10, 2025, Mr. Moran requested the following: [1] Any and all records current as of 2/10/2025 related to Massachusetts Registry of Motor Vehicles (RMV) forms and supplementing required information that was not completed by the insurance agent on a partially computer printed form (Hybrid computer generated/handwritten form) and potential denial of forms for supplementing missing printed information with handwritten information[;] [2] Any and all records current as of 2/10/2025 related to employees of the RMV identifying themselves by name or other identifiable information upon request by customers of the RMV[;] [3] Any and all records current as of 2/10/2025 related to MA RMV employees and the proper use/display and examination upon request of state issued identification cards which are typically worn on a lanyard by RMV employees[;] [4] Any and all records current as of 2/10/2025 related to MA RMV employees handling of and responding to customers requests to speak with a supervisor/manager[;] [5] Any and all records current as of 2/10/2025 related to MA RMV managers and/or supervisors and the handling of complaints made to them of employee misconduct[;] 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

William J. Doyle, Esq. SPR25/1071 Page 2 April 25, 2025 [6] Any and all records current as of 2/10/2025 related to MA RMV employees responding to requests of customers to view a policy the employee cites for clarification and education purposes or providing information to a customer on where to locate the policy independently. Previous Appeal This request was the subject of a previous appeal. See SPR25/1058 Determination of the Supervisor of Records (April 16, 2025). In my April 16th determination, I closed SPR25/1058 in light of the Department providing a response to Mr. Moran. Unstatisfied with the Department’s response, Mr. Moran petitioned this office, and this appeal, SPR25/1071, 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. See 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. See 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 Deparment’s April 16th Response In its April 16, 2025 response, the Department stated, “[a]ttached are the two records we have that are responsive to your request.” Current Appeal In his April 17, 2025 appeal, Mr. Moran stated, “I believe that the RAO has not fully reviewed my request, has not conducted a thorough review of the records in their custody...” Based on Mr. Moran’s appeal and the Department’s response, it is unclear if the Department possess any additional records responsive to the request. The duty to comply with

William J. Doyle, Esq. SPR25/1071 Page 3 April 25, 2025 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desire information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether any additional responsive records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Moran 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. Mr. Moran may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John Moran