Margaret Hannemann v. Steamship Authority (SPR 20253560)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 17, 2025 SPR25/3560 Sean F. Driscoll Communications Director Steamship Authority 228 Palmer Avenue Falmouth, MA 02540 Dear Mr. Driscoll: I have received the petition of Margaret Hannemann appealing the response of the Steamship 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 14, 2025, Ms. Hannemann requested “all emails between [an identified individual] of Steamship Authority and [an identified individual] of BIA.studio in the time period Sept - October 2019.” The Authority responded on December 1, 2025. Unsatisfied with the Authority’s response, Ms. Hannemann petitioned this office, and this appeal, SPR25/3560, 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. 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

Sean F. Driscoll SPR25/3560 Page 2 December 17, 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 December 1st Response In its December 1, 2025 response, the Authority provided a PDF with 29 emails responsive to Ms. Hannemann’s request. Current Appeal In her appeal, Ms. Hannemann states, “the content of one of the emails [is] redacted. I am objecting to that redaction.” Burden of Specificity Under the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption. 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 . . .”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Authority’s December 1st response did not contain the specificity required in a denial of access to public records. The Authority redacted portions of the responsive records without claiming any exemption(s) in the Public Records Law that would support the redacting of the responsive records. As a result, I find that the Authority did not satisfy its burden in responding to this records request. Consequently, the Authority must identify an exemption that applies to redact portions of the records. G. L. c. 66, § 10(b). Conclusion Accordingly, the Authority is ordered to provide Ms. Hannemann with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it’s 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. Ms. Hannemann may appeal the substantive nature of the Authority’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Sean F. Driscoll SPR25/3560 Page 3 December 17, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Margaret Hannemann