Devereaux, Ryan v. Department of Conservation and Recreation (SPR 20260179)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 2, 2026 SPR26/0179 Michael Tencellent Record Access Officer Department of Conservation and Recreation 251 Causeway Street, 9th Floor Boston, MA 02114 Dear Mr. Tencellent: I have received the petition of Ryan Devereaux appealing the response of the Department of Conservation and Recreation (Department/DCR) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 24, 2025, Mr. Deveraux requested: [1] Documents, memoranda, directives, or internal communications from 2018 to the present that discuss, establish, or justify the official operating season (Memorial Day through Columbus Day) and daily hours (10 AM – 6 PM) for Watson Pond State Park. [2] Any policies or guidelines issued by the Department of Conservation and Recreation or the Executive Office of Energy and Environmental Affairs that specifically reference Watson Pond’s seasonal schedule. [3] Any records citing safety, staffing, budget, visitor demand, or other considerations as factors in setting Watson Pond’s seasonal schedule. [4] Any comparative analyses between Watson Pond State Park and other DCR freshwater swimming areas in Bristol or Plymouth Counties (such as Massasoit State Park or Myles Standish State Forest) regarding operating hours or seasons. Previous Appeal The requested records were the subject of a previous appeal. See SPR25/3416 Determination of the Supervisor of Records (December 4, 2025). In my December 4th determination, I ordered the Department to clarify whether any responsive records exist. The Department responded on December 19, 2025, January 6, 2026, and January 13, 2026. 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

Michael Tencellent SPR26/0179 Page 2 February 2, 2026 Unsatisfied with the Department’s responses, Mr. Deveraux petitioned this office and this appeal, SPR26/0179, 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. 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 Department’s Responses On December 19, 2025, the Department provided numerous responses, stating, “I have no additional documents that are responsive to your request[,]” and, “I have given you everything I have received from the Operations Department.” On January 6, 2026, the Department stated, “I have not been able to locate any additional responsive documents to your requests.” On January 13, 2026, the Department stated, “DCR has no additional documents that responsive to your request [sic].” Current Appeal In his appeal petition, Mr. Deveraux contends: DCR has stated multiple times that it has “no additional responsive documents,” but has not clarified the scope of the search that was conducted, despite the determination directing that the Department must clarify whether any additional records exist.

Michael Tencellent SPR26/0179 Page 3 February 2, 2026 Specifically, I have asked DCR to confirm:  Whether offices or custodians outside of the Operations Department were searched; and  Whether any written records exist explaining or justifying Watson Pond’s operating season or daily hours beyond the Operations materials already provided. Those questions have not been answered directly. I am not seeking new records at this time, only confirmation of the scope of the search so the record is complete and consistent with the Supervisor’s order. No Duty to Answer Questions or Create Records Please note 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). 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). In this case, where the Department has confirmed that it does not possess additional records responsive to the request, and the Department is not required to answer questions in response to a records request, I find the Department has met its burden in responding to this request. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Deveraux wishes to submit a request for public records to the Department, and is unsatisfied with the response, he may appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ryan Devereaux