Paul, Naomie v. Brockton Housing Authority (SPR 20260052)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 21, 2026 SPR26/0052 Thomas L. Plouffe, Esq. Assistant Executive Director and General Counsel Brockton Housing Authority Resident Services & Staff Development 65 Plymouth Street Brockton, MA 02302 Dear Attorney Plouffe: I have received the petition of Naomie Paul appealing the nonresponse of the Brockton Housing 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 27, 2025, Ms. Paul requested: 1. My Entire Tenant File [including four categories of records] 2. All Inspection Records [including six categories of records] 3. All Maintenance Records [including six categories of records] 4. All Violation or Housekeeping Notices [including four categories of records] 5. All Complaints and Safety Concerns Filed by Me [including four categories of records] 6. All Staff Communications Involving Me or My Unit [including five categories of records] 7. All Photographs BHA Has Taken of My Home [including four categories of records] 8. All Records of Any Reported Incidents or Safety Issues [including four categories of records.] Previous Appeal This request was the subject of a previous appeal. See SPR25/3760 Determination of the Supervisor of Records (January 6, 2026). In my January 6th determination, I closed the appeal in light of the Authority providing a written response on December 23, 2025. Unsatisfied with the response, Ms. Paul petitioned this office and this appeal, SPR26/0052, was opened as a result. Subsequently, on January 8, 2026, the Authority provided Ms. Paul with an additional response. 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

Thomas L. Plouffe, Esq. SPR26/0052 Page 2 January 21, 2026 Status of the Requestor; Reason for the Request Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Paul’s status shall have no bearing on the public status of any existing responsive records. 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. See 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. 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 Authority’s December 23rd Response In in December 23, 2025 response, the Authority stated, “[t]he records requested are not public records. The Privacy Act of 1974, 5 U.S.C. § 552a. Records of public housing tenants are private. However, as you state in your request, these records relate to your tenancy, therefore, you or your representative (attorney) may view and make copies of any and all documents in your file.” Current Appeal In her January 6, 2026 appeal, Ms. Paul stated, “[w]hile the Authority stated that my records were ‘available,’ I was never provided with my tenant file or any of the requested records. No records were emailed, mailed, attached, linked or otherwise produced to me. After receiving this statement, I specifically requested that the records be emailed to me…. No records were subsequently sent, nor were any alternative access instructions provided…”

Thomas L. Plouffe, Esq. SPR26/0052 Page 3 January 21, 2026 In a January 8, 2026 email to Ms. Paul and this office, the Authority stated, “Ms. Paul’s attorney is meeting with the BHA’s Director of Asset Management on January 13, 2026 at the management office to review Ms. Paul’s file and copy any documents she wants.” In a January 19, 2026 email to this office and the Authority, Ms. Paul stated, “[a]lthough records were recently produced, the materials provided consist almost entirely of documents I personally submitted…The Authority did not produce internal records that would ordinarily be maintained in a tenant file, including staff notes, internal communications, incident reports, inspection records, or records reflecting deliberations regarding my transfer and voucher eligibility. At this time, the Authority has not stated or provided a legal basis for withholding them nor has it cited any exemption for withholding them…” Based on Ms. Paul’s petition and subsequent email and the Authority’s response, it is unclear whether the Authority possesses additional responsive records. 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). Consequently, the Authority must clarify whether it possesses additional responsive records. Conclusion Accordingly, the Authority is ordered to provide Ms. Paul 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. Ms. Paul may 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: Naomie Paul