Motion-Goalie v. Malden, City of (SPR 20252610)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 15, 2025 SPR25/2610 Joanne Perperian Records Access 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 27, 2025 Motion-Goalie requested “...the number of trash tags sold and the number of pay-as-you-throw ‘blue bags’ each of the following years: 2020, 2021, 2022, 2023, 2024, and 2025.” The City responded on September 3, 2025. Unsatisfied with the response, the requestor petitioned this office, and this appeal, SPR25/2610 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. 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 SPR25/2610 Page 2 September 11, 2025 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 City’s September 3rd Response In its September 3, 2025 response, the City stated, “[p]lease note the revenues for the Trash bag sales are for each Fiscal year 2021-2025 and the number of trash tags sold are by the Year on the Tag. FY 21 Bag revenue - $1,442,605.45 FY 22 Bag revenue - $1.083.048.90 FY 23 Bag revenue - $765,569.67 FY 24 Bag revenue - $805,662.82 FY 25 Bag revenue - $594,854.60 2021 Tags sold - 3,604 2022 Tags sold - 5,515 2023 Tags sold - 6,104 2024 Tags sold - 7,312 2025 Tags sold - 8,119.” Current appeal In its September 3, 2025 appeal, the requestor stated “[t]he City of Malden has provided incomplete information to a public records request....The City of Malden has failed to produce specific counts of the bags sold, they have failed to provide data for 2020 and they have failed to provide a single document containing the information provided.” Subsequent to the opening of this appeal, the City contacted the Public Records Division via email, on September 9, 2025, stating, “[t]he Treasurer’s Office has verified that total bag sales for Fiscal Year 2020 amounted to $1,446,331.82. However, no existing records were available.” Based on the requestor’s claims, in conjunction with the City’s response, it is unclear if the City possesses any additional records responsive to the request. 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether additional responsive records existed and were permissibly destroyed or additional responsive records never existed.

Joanne Perperian SPR25/2610 Page 3 September 11, 2025 Conclusion Accordingly, the City is ordered to provide the requestor 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. The requestor may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Motion-Goalie