Anonymous Citizen v. Executive Office of Housing and Livable Communities (SPR 20253453)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 5, 2025 SPR25/3453 Adrian Walleigh, Esq. Counsel and Records Access Officer Executive Office of Housing & Livable Communities 100 Cambridge Street, Suite 300 Boston, MA 02114 Dear Attorney Walleigh: I have received the petition of Anonymous Citizen (requestor) appealing the response of the Executive Office of Housing & Livable Communities (Office/EOHLC) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 10, 2025, the requestor sought the following: Please provide electronic copies (PDF) of the following records maintained by the Executive Office of Housing and Livable Communities (EOHLC): 1. The current and prior versions of the Alternative Housing Voucher Program (AHVP) Administrative Plan or Program Guidelines. 2. Any EOHLC memos, policy bulletins, or directives interpreting 760 CMR 53.00 and 760 CMR 3.00 et seq. 3. The most recent certified copies of 760 CMR 53.00, 760 CMR 3.00, 760 CMR 5.13, and 760 CMR 6.08, plus any agency guidance that explains their implementation. 4. EOHLC’s record-retention schedule for AHVP and tenant-related records. 5. A current list of EOHLC officials (by title only) responsible for AHVP oversight, grievance review, and records access. 6. Any internal procedure or policy describing how EOHLC processes tenant-file access requests under 760 CMR 5.13 and M.G.L. c. 66A 7. If available, the log of prior public-records requests mentioning the Alternative Housing Voucher Program. The Office responded on November 21, 2025. Unsatisfied with the Office’s response, the requestor petitioned this office, and this appeal, SPR25/3453, 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

Adrian Walleigh, Esq. SPR25/3453 Page 2 December 5, 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 Office’s November 21st Response In its November 21, 2025 response, the Office provides numerous hyperlinks to records responsive to Items 2, 4, and 7 of the request. The Office also provided records responsive to Items 1 and 3 of the request. Current Appeal In the appeal petition, the requestor argues the following: My request explicitly sought electronic PDF copies of responsive records. EOHLC instead referred me to a series of website URLs. Under G.L. c. 66, § 10 and 950 CMR 32.03(2): An agency must provide records in the format requested, when feasible. Redirecting a requester to general webpages does not satisfy the agency’s duty to produce the actual records. Records on a Public Website; Preferred Format of the Requestor Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See G. L. c. 66, § 6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 950 C.M.R. 32.04 (5)(e) (“A records access officer shall ... to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); 950 C.M.R. 32.07 (2)(a) (“A records access officer

Adrian Walleigh, Esq. SPR25/3453 Page 3 December 5, 2025 shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). Additionally, please note that a records access officer shall, to the extent feasible, provide public records to a requestor in electronic format unless the record is not available in electronic form or the requestor does not have the ability to receive or access the records in electronic format, and if feasible, in the requestor’s preferred format. In the absence of a preferred format, the records shall be provided in a searchable machine-readable form. See 950 C.M.R. 32.04(5)(d). Additionally, the Public Records Access Regulations state that “the records access officer must provide electronic records in native form when possible.” 950 C.M.R. 32.07 (1)(d). With regard to the hyperlinks responsive to Items 2, 4, and 7 of the request, this office has reviewed the linked websites and confirmed that they contain documents responsive to the requests, in the pdf format sought by the requestor. Consequently, I find that this aspect of the appeal is resolved. 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). In the appeal petition, the requestor also argues the following: Item #2 requested internal memos, directives, bulletins, and guidance interpreting 760 CMR 53.00 and the placeholder 760 CMR 3.00. EOHLC responded only by providing public website links. This response fails to address internal administrative documents[.] . . . EOHLC stated it has no responsive records for Item #6, which sought internal procedures regarding tenant-file access under: 760 CMR 5.13, and G.L. c. 66A (FIPA). This is inconsistent with state law. Agencies handling personal data must maintain internal procedures for: . . . Item #7 requested EOHLC’s internal public records log, which all agencies must maintain pursuant to: G.L. c. 66, § 6A(f), and 950 CMR 32.07. EOHLC referred me to the Secretary of State’s public-facing request search page. However, each agency must maintain its own log and produce it on request. . . . EOHLC stated it “does not have its own record-retention schedule.” Even when

Adrian Walleigh, Esq. SPR25/3453 Page 4 December 5, 2025 an agency uses statewide schedules, it ordinarily maintains: internal cross- reference materials, staff instructions, email guidance, or program-specific directives. Category #4 therefore appears to have been improperly denied or inadequately searched. Based on the Office’s response and the records it provided, along with the information provided in the requestor’s appeal petition, it is unclear whether the Office possesses additional records responsive to Items 2, 4, 6, and 7 of the request. If the Office 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 Office is ordered to provide the requestor 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. The requestor may further appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Anonymous Citizen