Motion-Goalie v. Malden, City of (SPR 20252515)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 8, 2025 SPR25/2515 Joanne Perperian Public Records Officer City of Malden 215 Pleasant Street Malden, MA 02148 Dear Ms. Perperian: I have received the petition of Motion-Goalie (requestor) appealing the response of the City of Malden (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 11, 2025, the requestor sought, “…any statements for services for the calendar year 2025 for any of the following providers: Republic Services, Inc.; Allied Waste Services of Massachusetts, LLC; Republic Services of Revere; Republic Services of Holbrook; Republic 623 Landfill, Inc.” The City responded on August 25, 2025. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR25/2515, was opened as a result. Subsequently, the City provided the requestor with additional responses on August 26, 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. 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

Joanne Perperian SPR25/2515 Page 2 September 8, 2025 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 City’s August 25th Response On August 25, 2025, the City provided the requestor with responsive records. Current Appeal In their August 26, 2025 appeal to this office, the requestor stated, “[t]he City of Malden has failed to include bills received for the months of June 2025, July 2025, and August 2025.” In an August 26, 2025 email communication the City stated, “[u]pon further review, we have identified and are now providing additional records responsive to the request…” In an August 26, 2025 email communication the requestor stated, “[t]he [r]ecords remain deficient, the bills from July 2025 and August 2025 are not included or provided.” In an August 26, 2025 email communication from the City to this office and the requestor, the City confirmed that “all statements received from Republic Services to date have been provided in full.” In an August 28, 2025 email communication the requestor stated, “[p]lease ensure that the entire City has been searched, not just the Controllers Office and DPW. The request was for all bills, Republic has sent bills in July and August, it is you[r] duty to locate these…” In a September 4, 2025 email communication from the City to this office and the requestor, the City “reiterate[d] that the requested records have already been provided to the requester.” No Duty to Create Records Please be advised, under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Where the City has stated it does not have any additional responsive records and this office has no authority to compel the City to create records, I will now consider this

Joanne Perperian SPR25/2515 Page 3 September 8, 2025 administrative appeal closed. If the requestor is not satisfied with the resolution of this administrative appeal, please be advised that this office share jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Motion-Goalie