Ryan Devereaux v. Department of Conservation and Recreation (SPR 20253416)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2025 SPR25/3416 Michael Tencellent Record Access Officer Department of Conservation and Recreation 251 Causeway Street, 9th Floor Boston, MA 02114 Dear Mr. Tencellent: I have received the petition of Ryan Devereaux appealing the response of the Department of Conservation and Recreation (Department/DCR) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 24, 2025, Mr. Deveraux requested: [1] Documents, memoranda, directives, or internal communications from 2018 to the present that discuss, establish, or justify the official operating season (Memorial Day through Columbus Day) and daily hours (10 AM – 6 PM) for Watson Pond State Park. [2] Any policies or guidelines issued by the Department of Conservation and Recreation or the Executive Office of Energy and Environmental Affairs that specifically reference Watson Pond’s seasonal schedule. [3] Any records citing safety, staffing, budget, visitor demand, or other considerations as factors in setting Watson Pond’s seasonal schedule. [4] Any comparative analyses between Watson Pond State Park and other DCR freshwater swimming areas in Bristol or Plymouth Counties (such as Massasoit State Park or Myles Standish State Forest) regarding operating hours or seasons. The Department responded on October 16, 2025 and October 22, 2025. Unsatisfied with the Department’s responses, Mr. Devereaux petitioned this office and this appeal, SPR25/3416, was opened as a result. 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

Michael Tencellent SPR25/3416 Page 2 December 4, 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 Department’s Responses In its October 16, 2025 and October 22, 2025 responses, the Department provided records “address[ing] staffing and general seasonal schedules.” In its October 22, 2025 response, the Department stated, “[w]e don’t have responsive documents for Watson Pond State Park specifically.” Current Appeal In his current appeal, Mr. Devereaux argues the following: DCR has provided general regulations and staffing rosters, but has not addressed these site-specific operating decisions or confirmed whether any responsive records exist in the above categories … In an email to this office on November 19, 2025, the Department explained that they “provide[d] [Mr. Devereaux] with answers on how the schedule is made” and confirmed that it does not possess records specific to Watson Pond State Park’s schedule responsive to this request. Based on Mr. Devereaux’s claims, in conjunction with the Department’s response, it is unclear if the Department possesses any records responsive to Item 4 of the request. The duty to comply with requests for records extends to those records that exist and are in the possession,

Michael Tencellent SPR25/3416 Page 3 December 4, 2025 custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). However, 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). Consequently, the Department must clarify whether any additional records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Devereaux with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Devereaux may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ryan Devereaux