Anne B. Sobol v. Massachusetts Port Authority (SPR 20251519)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 12, 2025 SPR25/1519 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 Anne Sobol 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 March 12, 2025, Ms. Sobol requested, “documents updating the information set forth in Appendix B to the Storm Water Pollution Prevention Plan Laurence G. Hanscom Field Bedford MA, revised by Massport in January 2023.” The Authority responded on March 14, 2025. Claiming to not yet have received responsive records, Ms. Sobol petitioned this office, and this appeal, SPR25/1519, 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

Shannon O’Donnell SPR25/1519 Page 2 June 12, 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 March 14th Response In its March 14, 2025 response, the Authority stated that it received Ms. Sobol’s “request for public records dated March 12, 2025.” The Authority further noted that “[it] [is] in the process of locating public records responsive to [the] request, subject to exemption or privilege” and additionally advised that it “will make responsive public records available . . . as soon as possible . . . and will notify [Ms. Sobol] when they are available.” Current Appeal In her appeal petition, Ms. Sobol states, “as to Massport’s failure in response to my 3/12/25 request to provide Hanscom spill data . . . produced in Appendix B of the SWPPP revised as of January 2023, I request that you issue a written determination that this data is subject to the Public Records Act. . . .” Timeliness in providing records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the 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 for a municipality the timeframe shall not exceed 25 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. G. L. c. 66, § 10(b)(vi). Where Ms. Sobol submitted her request on March 12, 2025, and the Authority has not provided the 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).

Shannon O’Donnell SPR25/1519 Page 3 June 12, 2025 Conclusion Accordingly, the Authority is ordered to provide Ms. Sobol with a response to her 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: Anne Sobol