Tom Kimball v. Massachusetts Port Authority (SPR 20251727)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 20, 2025 SPR25/1727 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 Tom Kimball, 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 16, 2025, Mr. Kimball requested the following: [1] [A]ny documentation describing the dates/times of takeoffs and landings by aircraft chartered by or associated with U.S. Immigration and Customs Enforcement which have occurred at Hanscom field during the current calendar year[;] [2] [I]nformation on which fixed base operator fueled and serviced each of these aircraft. The Authority responded on May 30, 2025. Unsatisfied with the Authority’s response, Mr. Kimball petitioned this office, and this appeal, SPR25/1727, 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. 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 SPR25/1727 Page 2 June 20, 2025 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. Kimball states that “[a]lthough they acknowledged the request within the ten day time frame specified by state law, no records were provided.” The Authority’s May 30th Response In its May 30, 2025 response, the Authority states “[w]e 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.” 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. G. L. c. 66, § 10(b)(vi). Where Mr. Kimball submitted his request on May 16, 2025, 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.

Shannon O’Donnell SPR25/1727 Page 3 June 20, 2025 Conclusion Accordingly, the Authority is ordered to provide Mr. Kimball 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: Tom Kimball