Gary Peters v. Department of Public Health (SPR 20253434)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2025 SPR25/3434 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street, Second Floor Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Gary Peters appealing the response of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 20, 2025, Mr. Peters requested “a copy of the executive minutes from a Podiatry Board meeting held remotely at the State DPH on 9/10/2024.” The Department responded on October 27, 2025. Unsatisfied with the Department’s response, Mr. Peters petitioned this office and this appeal, SPR25/3434, was 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. 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

Helen Rush-Lloyd SPR25/3434 Page 2 December 4, 2025 The Department’s October 27th Response In its October 27, 2025, response, the Department stated “[t]o the extent that [the Department] possesses records responsive to your request, Executive Session minutes are withheld from production because they are subject to an exemption pursuant to M.G.L. c. 30A, § 22(f).” Current appeal In his appeal, Mr. Peters states “I have been trying to obtain a copy of written/recorded minutes of an Executive Session. This was part of a Podiatry Licensing Board meeting held on 9/10/2024. I had filed a complaint to be heard during that session.” Open Meeting Law The Department’s response and Mr. Peters’ appeal petition raise issues potentially related to the Open Meeting Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Attorney General’s Office (AGO) and not this office, I am unable to address those issues in this determination. See G. L. c. 30A, § 23. I encourage the parties to contact the AGO for a determination on the status of the executive session minutes. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Gary Peters