William White v. Commission for the Blind (SPR 20253583)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 18, 2025 SPR25/3583 Loran Lang, Esq. General Counsel Massachusetts Commission for the Blind 40 Broad Street Boston, MA 02109 Dear Attorney Lang: I have received the petition of William H. White, Esq. appealing the response of the Massachusetts Commission for the Blind (Commission/MCB) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 12, 2025, Attorney White requested, “payroll records for [an identified individual] for the years 2024 and 2025…” The Commission provided a response on November 21, 2025. Unsatisfied with the Commission’s response, Attorney White petitioned this office and this appeal, SPR25/3583, was opened as a result. While this appeal was pending, the Commission provided a supplemental response on December 15, 2025 and December 18, 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. 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

Loran Lang, Esq. SPR25/3583 Page 2 December 18, 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 Commission’s November 21st, December 15th and 18th Responses In its November 21, 2025 response, the Commission stated, “MCB has no responsive records in its possession, custody, or control. . . .” In its December 15, 2025 response, the Commission asserted, “MCB neither confirms nor denies the existence of these records and further responds that such records would be exempt from disclosure pursuant to M.G.L. c. 4, §7(26)(a), and the information is personal data protected from disclosure pursuant to M.G.L. c. 66, §10(B) relative to Government Workers under which individuals may apply for a payroll exemption.” In its December 18, 2025 response, the Commission claims, “. . . that it believes that both the November 12, 2025 and the November 25, 2025 requests were designed to locate the named individual and elicit information on the individual’s employment. [The Commission] believes and asserts that you are using the Public Records Law to intimidate and harass the identified individual and to make her feel vulnerable and unsafe at her employment. The purpose of the Public Records Law is to promote transparency regarding governmental activities.” The Commission asserts that “[t]he November 12, and 25 requests are attempts to demonstrate to the named individual that she can be harassed and intimidated by way of a public record request to an employer. It is essential that the named individual be free of harassment and intimidation at a place of employment.” For the reasons articulated in the Commission’s December 18th response, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b)(2) (this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime). Sincerely, Manza Arthur Supervisor of Records cc: William H. White, Esq.