Commonwealth Transparency v. Malden, City of - Office of the City Solicitor (SPR 20253081)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 3, 2025 SPR25/3081; SPR25/3083 Joanne Perperian Records Access Officer Office of the City Solicitor City of Malden 215 Pleasant Street, Suite 420 Malden, MA 02148 Dear Ms. Perperian: I have received two petitions from Commonwealth Transparency (requestor) appealing the response of the City of Malden (City) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR25/3081 On September 25, 2025, the requestor sought the following: [1.] For the year-end fiscal accounting of the following years: 2020, 2021, 2022, 2023, 2024, and 2025, please provide the following: [2.] All past due Balances. [3.] All appropriations made for all past due balances. [4.] All records of any meetings, special meetings, or votes where any appropriations were made for any past due balances. [4.] Any signed and filed certificates stating that any goods, materials, or services were ordered by an official or employee of the city and that they were delivered or received by the city, for any past due balances. The City responded on October 8, 2025 and assigned reference number 0225-0339 to this request. SPR25/3083 On September 24, 2025, the requestor sought “[a]ny and all statements and/or invoices which are for the time period of September 1, 2022, through the date you respond where there is 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 SPR25/3081; SPR25/3083 Page 2 November 3, 2025 any amount showing any amount as past‐due and/or in arrears.” The City responded on October 8, 2025, and assigned reference number 2025‐0338 to this request. Unsatisfied with the City’s responses to both requests, the requestor petitioned this office, and these appeals, SPR25/3081 and SPR25/3083, 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 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. 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. This office has reviewed the docket of the Massachusetts Appeals Court and verified that the requested records, along with the issues raised in the requestor’s appeal, are potentially at issue in active and ongoing litigation. See City of Malden v. Bruce Friedman D/B/A Opencommonwealth.Org, et al, (Massachusetts Appeals Court Docket No. 2025-P-0235) (Sept. 19, 2025). In light of the pending litigation, 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).

Joanne Perperian SPR25/3081; SPR25/3083 Page 3 November 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency