Eduardo Sanchez v. Massachusetts Port Authority (SPR 20251370)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 29, 2025 SPR25/1370 Ashley K. Carvalho, Esq. Senior Legal Counsel Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128 Dear Attorney Carvalho: I have received the petition of Eduardo Sanchez 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 May 2, 2025, Mr. Sanchez requested, “video footage of April 14, 2025 between 4 PM and 6 PM . . . Location-Logan International Airport Portugal check-in counter . . .” The Authority responded on May 7, 2025. Unsatisfied with the Authority’s responses, Mr. Sanchez petitioned this office, and this appeal, SPR25/1370, 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 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

Ashley K. Carvalho, Esq. SPR25/1370 Page 2 May 29, 2025 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 Authority’s May 7th Response In its May 7, 2025 response, the Authority advised, “[w]ithout confirming or denying the existence of electronic video surveillance, the Authority is not in possession of any responsive video.” Current Appeal In his appeal petition, Mr. Sanchez indicates that the Authority possesses records responsive to his request. He states, “I have provided the Port authority with enough information and description of the video that I am asking for.” Possession, Custody or Control; Records in Existence 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). Based on the information provided in Mr. Sanchez’s appeal petition, in conjunction with the Authority’s response, it is unclear if the Authority possesses records responsive to the request. If the Authority does possess 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) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Authority is ordered to provide Mr. Sanchez with a response to his 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.

Ashley K. Carvalho, Esq. SPR25/1370 Page 3 May 29, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Eduardo Sanchez