Wolf Aviation Network Inc v. Westfield, City of (SPR 20253722)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 31, 2025 SPR25/3722 Robyn Gay Records Access Officer City of Westfield 59 Court Street Westfield, MA 01085 Dear Ms. Gay: I have received the petition of Wolf Aviation Network, Inc. (requestor) appealing the response of the City of Westfield (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 2, 2025, the requestor sought, “[i]n addition to our requests from Dec 1st, 2025, Wolf Aviation Network also requests a copy of all lease agreements, both past and present, between the City of Westfield / Westfield Barnes Regional Airport and Fly Lugu LLC. This includes, but is not limited to, Office 111 lease renewal on May 9th, 2024.” The City responded on December 5, 2025. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR25/3722, was opened as a result. Subsequently, the City provided an additional response on December 23, 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

Robyn Gay SPR25/3722 Page 2 December 31, 2025 If there are any fees associated with a response a written, good faith estimate must be provided. See 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 City’s December 5th and December 23rd Responses In its December 5, 2025 response, the City stated, “I am aware that you also have a second request regarding leases that I have not responded to as of yet.” In its December 23, 2025 response, the City cited Exemption (f) of the Public Records Law for withholding the responsive records and indicated that the records are at issue in pending administrative proceedings. See G. L. c. 4, § 7 (26)(f). Current Appeal In the December 17, 2025 petition to this office, the requestor stated, “[t]he City of Westfield acknowledged this request on multiple occasions, including Dec 5th. However, it has been beyond 10 business days, and no response or records have been provided.” Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. On December 23, 2025, the City provided documentation to this office confirming that administrative proceedings relating to the records at issue are currently pending before the Federal Aviation Administration (FAA). See Wolf Aviation Network, Inc. v. City of Westfield, MA (FAA Docket No. 16-25-15). In light of the pending administrative matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of the administrative action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Robyn Gay SPR25/3722 Page 3 December 31, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Wolf Aviation Network, Inc.