Malden News Network v. Malden, City of - Office of the City Solicitor (SPR 20252574)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2025 SPR25/2570; SPR25/2573; SPR25/2574 John Tramondozzi President Trustees of the Malden Public Library 36 Salem Street Malden, MA 02148 Dear Mr. Tramondozzi: I have received the petition of Brian DeLacey, of Malden News Network, appealing the responses of the Malden Public Library (Library) to three requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR25/2570 On June 11, 2025, Mr. DeLacy requested the following: [R]ecords related to the filming of the movie “Ted 2” in the Malden Public Library during 2015. In particular, this request seeks the following records specifically including any movie making or filming that took place at the Library in 2015: - Contracts/Terms/Agreement for use of the Malden Public Library, including signature page(s) - Contracts/Terms/Agreement between the library and Raging Bear, including signature page(s) - Payments/Invoices/paybacks and / or exchange of services or rights for filming access - Ledgers, journal entries or other accountings showing payments made and expenses incurred - Plans or statements for library security during the filming, such as this statement by [a named individual], President of the Library Trustees: “Our main concern was the safety of the building.” - Contracts/Terms/Agreement for use of Malden High School Cafeteria as “base camp” for the actors and crew - Contracts/Terms/Agreement(s) for access to the library, e.g. “the mayor got 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

John Tramondozzi SPR25/2570; SPR25/2573; SPR25/2574 Page 2 September 12, 2025 to go on the set and pose for a picture” - Written communications of records documenting known “legal advice … from the city” - Your records of schedules and assignments of City of Malden staff and work pay during “five long days of set-up, two days of shooting, and three days for breakdown” during filming in 2015[.] The Library responded on June 25, 2025, stating that “the Malden Public Library is a non-city agency and a private corporation which is not subject to the Public Records Law.” SPR25/2573 On June 25, 2025, Mr. DeLacey requested the following: [A]udited financial statements for each of the fiscal tax years 2018, 2019, 2020, 2021, 2023, and 2024. Additionally please provide your most up-to-date CONFLICT OF INTEREST POLICY, any corresponding WHISTLEBLOWER POLICY, and all available “Conflict of Interest Disclosures” or similar documents which are currently on file, and associated with the POLICY documents attested to on Form 990. The Library responded on July 17, 2025, providing numerous responsive records, and stating that “it remains the position of the Board [of Trustees of the Malden Public Library] that it is therefore a private corporation, and not a governmental body.” SPR25/2574 On July 15, 2025, Mr. DeLacey requested, from the City of Malden, “any City of Malden record, in the place it is kept, which any City of Malden employee transferred to the custody, storage, or control of the Malden Public Library Board of Trustees, at the closing of the ‘old’ City Hall (on or about July 21, 2016).” The City of Malden forwarded this request to the Library, and the Library responded on July 28, 2025, indicating that “this request is insufficiently specific,” and again stating that “it remains the position of the Board [of Trustees of the Malden Public Library] that it is therefore a private corporation, and not a governmental body.” Unsatisfied with the Library’s responses, Mr. DeLacey petitioned this office, and these appeals, SPR25/2570, SPR25/2573, SPR25/2574, were 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

John Tramondozzi SPR25/2570; SPR25/2573; SPR25/2574 Page 3 September 12, 2025 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 Library’s Responses In its July 17, and July 28, 2025 responses, the Library argues the following: [T]he Board of Trustees was established by Chapter 146 of the Acts of 1885 as a corporation known as the Malden Public Library. Thus, the Board is a self- perpetuating corporation created by the state legislature to establish and maintain a free public library for the residents of Malden. The Board also serves as a fiduciary to effectuate applicable portions of the will of Elisha Converse. It remains the position of the Board that it is therefore a private corporation, and not a governmental body, and the Board expressly reserves all of its rights in that regard, without any waiver of same. Subsequent to the opening of this appeal, in an email to this office and the Library on September 4, 2025, Mr. DeLacey states that “there has been a confluence of relatively recent (court) activity involving the Malden Public Library Board of Trustees around transparency,” and cites numerous court docket numbers. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation.

John Tramondozzi SPR25/2570; SPR25/2573; SPR25/2574 Page 4 September 12, 2025 This office has reviewed the trial court’s docket and verified that the civil litigation, relating to the records that are the subject of Mr. DeLacey’s request, is active and ongoing in the Massachusetts Superior Court. See Malden Public Library v. Andrea J. Campbell, (Middlesex Superior Court Docket No. 2481-CV-03173) (Sept. 10, 2025). In light of the pending matter, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Brian DeLacey