Tom Kimball v. Massachusetts Port Authority (SPR 20253452)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 5, 2025 SPR25/3452 Shannon O’Donnell Records Access Officer Massachusetts Port Authority One Harborside Drive East Boston, MA 02128 Dear Ms. O’Donnell: I have received the petition of Tom Kimball appealing the response of the Massachusetts Port Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 1, 2025, Mr. Kimball requested, “all fuel receipt logs submitted to MassPort by Signature Aviation at Hanscom Field as described in the company’s monthly revenue report. All logs from 1/1/25 to the present are sufficient.” On November 20, 2025, the Authority provided a response. Unsatisfied with the Authority’s response, Mr. Kimball petitioned this office and this appeal, SPR25/3452, 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. Att’y 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. 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

Shannon O’Donnell SPR25/3452 Page 2 December 5, 2025 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 November 20th Response On November 20, 2025, the Authority provided Mr. Kimball with a response, stating, “[p]lease be advised that Massport does not have any records that are responsive to your November 1st public records request . . .” Current Appeal In his appeal, Mr. Kimball contends: … These logs are specially mentioned as being attachments in monthly correspondences sent by Signature Aviation employees to MassPort (see attached). I subsequently received a reply to my request stating that no responsive records exist. However, section N12-07 of the MassPort public records retention schedule governing Hanscom Field requires “tenant files” to be retained for a period of six years. Tenant files are specifically described as including “correspondence to and from tenants in the Civil Terminal” - which describes Signature Aviation’s relationship with MassPort. Therefore if MassPort did not retain the files I’ve requested it represents a violation of their own stated procedures as well as Massachusetts public records law. I’m requesting that the Secretary of Records compel MassPort to re-examine its files for responsive records to include the involvement of an electronic data recovery specialist (employed at the agency’s own expense should this be necessary). Records in Existence; Possession, Custody, or Control The Authority is 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 information provided in Mr. Kimball’s appeal petition, it is unclear whether the Authority possesses records responsive to Mr. Kimballs’s request. If the Authority does

Shannon O’Donnell SPR25/3452 Page 3 December 5, 2025 possess 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 Authority is ordered to provide Mr. Kimball 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. Kimball may further appeal the substantive nature of the Authority’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Tom Kimball