John Saia v. Malden, City of - Office of the City Solicitor (SPR 20252624)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 18, 2025 SPR25/2624 Joanne Perperian Records Access Officer Legal Department City of Malden 215 Pleasant Street Malden, MA 02148 Dear Attorney Perperian: I have received the petition of John Saia 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 July 31, 2025, Mr. Saia requested “records related to the selection and review of the final pool of applications for the recent position that was filled for part-time clerk of the Malden Senior center.” I understand the City assigned reference number 2025-0232 to this request. Previous Appeal This request was the subject of a previous appeal. See SPR25/2409 Determination of the Supervisor of Records (August 28, 2025). In my August 28th determination, I found that the City did not meet its burden to redact the responsive records under Exemption (c) of the Public Records Law. Subsequently, the City responded on September 2, 2025. Unsatisfied with the City’s response, Mr. Saia petitioned this office, and this appeal, SPR25/2624, was opened as a result. Subsequent to the opening of this appeal, the City provided a further response to Mr. Saia and this office on September 10, 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). 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 SPR25/2624 Page 2 September 18, 2025 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. Current Appeal In his appeal petition, Mr. Saia argues the following: I would like to appeal my response again and contest the city’s decision to exercise Exemptions (c) to withhold documents relating to other applicants that were not selected. Whereas the city of Malden’s website communicates a policy of minority-based hiring quotas, I believe that it is in the public interest more about the city’s selection process that helped it arrive at the final decision, and particularly, whether or not there may have been other more-qualified applicants, and whether they advanced to be interviewed or not. The City’s September 10th Response In its September 10, 2025 response, the City states “that Mr. Saia has filed an MCAD Complaint against the City of Malden regarding the above-referenced matter. . . . The MCAD Docket No. is 5BEM02173.” 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. In a telephone conversation between the City and this office on September 18, 2025, the City confirmed that an administrative proceeding relating to the records at issue in Mr. Saia’s request is currently pending before the Massachusetts Commission Against Discrimination (MCAD). See John Saia v. City of Malden (MCAD Docket No. 25-BEM-02173) (Aug. 18, 2025).

Joanne Perperian SPR25/2624 Page 3 September 18, 2025 In light of the pending administrative matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this administrative action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: John Saia