Mark Hartford v. Chelsea, City of (SPR 20253359)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 1, 2025 SPR25/3359 Jessica C. Morales Paralegal City of Chelsea 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, 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 SPR25/3359 Page 2 December 1, 2025 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 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. Previous Appeal This request was the subject of a previous appeal. See SPR25/2815 Determination of the Supervisor of Records (October 8, 2025). In my October 8th determination, I found that the City had not met its burden in responding to the request, and ordered the City to provide an estimated

Jessica C. Morales SPR25/3359 Page 3 December 1, 2025 date as to when it intends to provide records. Subsequently, the City responded on October 23, November 6, and November 12, 2025, providing numerous responsive records. Unsatisfied with the City’s responses, Mr. Hartford petitioned this office, and this appeal, SPR25/3359, was opened as a result. In an email to this office on November 17, 2025, Mr. Hartford reiterated his objections to the City’s responses. 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 Responses In its October 23, November 6, and November 12, 2025 responses, the City provided numerous responsive records. Current Appeal In his appeal petition, Mr. Hartford contends that the City possesses additional records responsive to his request, and argues the following: The materials produced by the City in response to my request appear to be incomplete and inconsistent. Several categories of documentation that are essential to fully account for the All-America City Awards (AACA) trip were not provided. . . . After reviewing the City’s production for the All-Chelsea Awards Gala, I believe the response is also incomplete and inconsistent with the public-records statutes that require full disclosure of municipal records. The Gala was presented as a City-sponsored event and fundraiser for the Chelsea Day Fireworks on 9/6/25, yet

Jessica C. Morales SPR25/3359 Page 4 December 1, 2025 the documentation does not completely show how the money was handled, who officially received it, or whether it was ever deposited into a City account. . . . No invoices or payments were produced for the venue, catering, decorations, or printing, even though those services are referenced in the program booklet and event materials. Additionally, Mr. Hartford provides detailed descriptions of records he believes are missing from the City’s responses. Records in Existence; Possession, Custody, or Control Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, 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). Based on the City’s responses, and the information provided in Mr. Hartford’s appeal petition, it is unclear whether the City possesses additional records responsive to Mr. Hartford’s request. If the City does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). 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).

Jessica C. Morales SPR25/3359 Page 5 December 1, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Mark Hartford