Phil Thompson v. Massachusetts Port Authority (SPR 20252401)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 18, 2025 SPR25/2401 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 Phil Thompson 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 July 23, 2025, Mr. Thompson requested the following: [1] Electronic badge-in or access control records (including any log-in/log-out data, ID scans, gate access records, or time-tracking logs) for [two identified individuals]; [2] Payroll records and job classification reports for [two identified individuals] for 2010-2025 including: [a] Position titles held, job descriptions, and classification…; [b] Dates of hire, changes in employment status, promotions, or reclassifications; [c] Weekly or biweekly pay stubs or summaries, including total hours paid, overtime hours, and job codes used; [d] Any associate documentation justifying or approving their pay, including supervisor approvals or timecard entries; and [e] Records of payments made through third-party agents, if applicable… [3] Payroll records for all longshoremen employed under Ship Operations and Conley Terminal (2000-2005); [4] Job assignment records/dispatch logs documenting who was scheduled or dispatched to each job during that time; [5] Badge-in/ official attendance records, including any gate access logs or security sign-in data, showing actual entry into the facility by those employees. The Authority responded on August 5, 2025. Unsatisfied with the response, Mr. Thompson petitioned this office and this appeal, SPR25/2401, was opened as a result. 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 SPR25/2401 Page 2 August 18, 2025 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. The Authority’s August 5th Response In its August 5, 2025 response, the Authority responded to Mr. Thompson stating, “. . . [the Authority] has received your request for public records. . . . We are in the process of locating public records responsive to your request. . . . We will make responsive public records available to you as soon as possible. . .” Current Appeal In his appeal, Mr. Thompson states, “[a]s of August 10, 2025, no records, lawful extension notice, or itemized cost estimate has been provided.” 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,

Shannon O’Donnell SPR25/2401 Page 3 August 18, 2025 that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). 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. Where Mr. Thompson’s request was originally submitted on July 23, 2025, and the Authority has not provided responsive records, I find that the Authority has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, the Authority must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, Authority must provide responsive records on a rolling basis. Conclusion Accordingly, the Authority is ordered to provide Mr. Thompson 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. Mr. Thompson may appeal the substantive nature of the Authority’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Phil Thompson