Karen Anzalone v. Winchester Housing Authority (SPR 20252919)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 21, 2025 SPR25/2919 Susan Doherty Cashell Executive Director Winchester Housing Authority 13 Westley Street Winchester, MA 01890 Dear Director Doherty Cashell: I have received the petition of Karen Anzalone appealing the response of the Winchester Housing Authority (Authority/WHA) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 11, 2025, Ms. Anzalone requested, “[c]orrespondence regarding [an identified] tenancy at . . . Palmer Street in Winchester, MA from March 1, 2021 – March 1, 2025.” The Authority responded on September 22, 2025. Unsatisfied with the Authority’s response, Ms. Anzalone petitioned this office and this appeal, SPR25/2919, was opened as a result. Subsequent to the opening of this appeal, the Authority provided a supplemental response to this office in an email dated October 10, 2025. Purpose of Request; Status of the Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Anzalone’s purpose in making her request as well as her status will play no role in a determination as to whether the records should be disclosed or redacted under the Public Records Law. However, it is unclear if Ms. Anzalone may have a greater right of access to the responsive records outside the Public Records Law. The parties are encouraged to communicate to determine if there is another means affording Ms. Anzalone a greater right of access to the responsive records. 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

Susan Doherty Cashell SPR25/2919 Page 2 October 21, 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 Authority’s September 22nd and October 10th Responses In its September 22, 2025 response, a representative for the Authority stated, “[w]e are in receipt of your request for records. As they pertain to individuals . . . we will need a signed and notarized document waiving your privacy rights with respect to each request. We would also need one from . . . [an identified individual].” In its supplemental October 10, 2025 response, the Authority further advised, “[w]hile WHA initially requested that the Anzalones provide privacy waivers, that was . . . out of an abundance of caution, as the parties have been in litigation.” Current Appeal In her October 6, 2025 appeal petition, Ms. Anzalone contends, “[t]he 10-day deadline for WHA to provide the requested documents . . . was September 24, 2025.” She further states, “[t]hey did not provide any of the information necessary for a denial or an extension and it is now eight days past the deadline which they did not have permission to miss.” Active Administrative Proceeding 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor of Records may deny an appeal for, among other reasons if, in the opinion of the Supervisor:

Susan Doherty Cashell SPR25/2919 Page 3 October 21, 2025 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In a telephone conversation between the Authority and this office on October 20, 2025, the Authority confirmed that an administrative proceeding relating to the records at issue in Ms. Anzalone’s request is currently pending before the Massachusetts Commission Against Discrimination (MCAD). See Karen Anzalone, John Anzalone v. Winchester Housing Authority, Denise Lynch, Assistant Executive Director, Susan Doherty Cashell, Executive Director (MCAD Docket No. 25BPH00083). In light of the pending administrative proceeding, 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 action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Karen Anzalone Mary John Boylan, Esq.