Mark Hartford v. Chelsea, City of (SPR 20252815)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 8, 2025 SPR25/2815 Jessica C. Morales Paralegal Law Department, Chelsea City Hall 500 Broadway, Room 307 Chelsea, MA 02150 Dear Ms. Morales: I have received the petition of Mark Hartford appealing the response of the City of Chelsea (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 17, 2025, Mr. Hartford requested the following records “for the period January 1, 2024 through August 15, 2025:” 1. All-America City Awards (AACA) Trip and Related Events (June 2025) - A full list of all attendees of the All-America City Awards trip, including but not limited to city officials, municipal employees, community partners, and guests. - All travel records for all attendees of the trip, including but not limited to flights, hotel accommodations, ground transportation, and per diems. - All expense reports and reimbursement records filed by all attendees of the trip, including but not limited to itemized receipts, per diem forms, reimbursement approvals, or expense summaries. - All invoices, receipts, or financial records showing the costs of the trip and how those costs were paid, including but not limited to payments by the City, employee contributions, or third-party contributions. - Records identifying any third-party contributions, sponsorships, or donations that covered or offset costs for the AACA trip. - Records of any City of Chelsea resources used in connection with the AACA trip, including but not limited to staff time, overtime, payroll charges, city facilities, equipment, or official communication channels such as social media, email, or the City’s website. - Records of any photographs or video taken by City staff in connection with the AACA trip, including but not limited to official photos, event coverage, documentation, and records of how such media was distributed or used (e.g., 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

Jessica C. Morales SPR25/2815 Page 2 October 8, 2025 on social media, the City’s website, newsletters, or press releases). - All communications between City of Chelsea officials and outside organizations relating to the AACA trip, including but not limited to the National Civic League, community groups, and sponsors. - All other records maintained by the City relating to the AACA trip and related events. 2. Chelsea Chamber of Commerce Annual Gala (July 2025) - A list of all sponsors of the Gala, including but not limited to the level of sponsorship, the dollar amount contributed, and the dates on which sponsors agreed to contribute funds. - Records of all attendees of the Gala, including but not limited to elected officials, municipal employees, Chamber representatives, community partners, and invited guests. - Records showing how tickets were obtained, including but not limited to purchase with city funds, purchase with personal funds, tickets provided at no cost, tickets provided by donation, or tickets provided through third-party sponsorship. - Records of invitations sent, including but not limited to invitations to elected officials, municipal employees, Chamber representatives, or community partners. - All communications, emails, or documents relating to Gala sponsorships, invitations, or attendance, including but not limited to correspondence involving City of Chelsea officials, municipal employees, or Chamber representatives. - Copies of any pamphlets, programs, or promotional materials produced for the Gala, including but not limited to those listing sponsors. - Records of any City of Chelsea resources used in connection with the Gala, including but not limited to staff time, overtime, payroll charges, city facilities, equipment, or official communication channels such as social media, email, or the City’s website. - Records of any photographs or video taken by City staff or Chamber staff in connection with the Gala, including but not limited to official photos, event coverage, documentation, and records of how such media was distributed or used (e.g., on social media, the City’s website, newsletters, or press releases). - All communications between City of Chelsea officials and the Chelsea Chamber of Commerce relating to the Gala, including but not limited to sponsorships, invitations, attendance, or use of City resources. - All other records maintained by the City or the Chamber relating to the Gala. The City responded on August 25, 2025. Unsatisfied with the City’s response, Mr. Hartford petitioned this office, and this appeal, SPR25/2815, was opened as a result.

Jessica C. Morales SPR25/2815 Page 3 October 8, 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 City’s August 25th Response In its August 25, 2025 response, the City acknowledged receipt of the request, and explained that the email address Mr. Hartford originally sent his request to is “not an active email address and is a separate entity of the city for the Retirement Department, not public records.” The City further stated that his request “is in process of being assigned to the appropriate department.” In his appeal petition, Mr. Hartford contends that he has “not received any records in response.” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a 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 a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.

Jessica C. Morales SPR25/2815 Page 4 October 8, 2025 G. L. c. 66, § 10(b)(vi). Where Mr. Hartford submitted his request on August 17, 2025, and the City acknowledged receipt on August 25, 2025, and the City has not provided responsive records, nor cited an exemption for withholding records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the City must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Hartford 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. Mr. Hartford may further 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: Mark Hartford