Kingdom Come, Thy v. Secretary of the Commonwealth-Administrative Services Division (SPR 20260230)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 4, 2026 SPR26/0230 Sofya Gray Records Access Officer Office of the Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1719 Boston, MA 02108 Dear Ms. Gray: I have received the petition of Thy Kingdom Come (requestor) appealing the response of the Administrative Services Division (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 19, 2025, the requestor sought the following records: 1. The oath(s) of office (including any subscribed or filed oath, affirmation, or certificate of qualification) for each of the following public officials in their current or most recent term of office. 2. Any fidelity bonds, surety bonds, schedule bonds, blanket bonds, or related bond documentation (including certificates, approvals, or records indicating bond coverage under M.G.L. c. 30, § 16 or other provisions) attached to or required for their office. If individual bonds do not exist but coverage is provided through a schedule, blanket, or other collective bond, please provide the relevant documentation or confirmation of such coverage. The Officials are: [a list of approximately 24 named individuals.] The Division responded on January 12, 2026. Unsatisfied with the Division’s response, the requestor petitioned this office, and this appeal, SPR26/0230, 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 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

Sofya Gray SPR26/0230 Page 2 February 4, 2026 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 Division’s January 12th Response In its January 12, 2026 response, the Division provided responsive records. Current Appeal In the appeal petition, the requestor contends: In response, on January 12, 2026, I received a partial set of records consisting of oaths of office for only four officials: [four named individuals]. However, the response failed to include oaths for the remaining 20 officials, and no bond information whatsoever was provided, such as surety bonds, bond numbers, surety company details, bond amounts, filing dates, or confirmation of coverage under schedule, blanket, or collective bonds. No explanation was provided for these omissions, nor was I informed whether such records exist or are exempt from disclosure. This constitutes a constructive denial of the majority of my request, as the custodian did not fully comply with the requirement to produce all responsive records or provide a written explanation for any withholdings. Records in Existence; Possession, Custody, or Control Please be advised 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). Further, 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). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5).

Sofya Gray SPR26/0230 Page 3 February 4, 2026 In a discussion with this office on January 29, 2026, the Division confirmed that it does not possess additional records responsive to the request. Where the Division has confirmed that it does not possess additional responsive records, and the Division has no duty to create records in response to a request, I find that the Division has met its burden in responding to this request under the Public Records Law. Conclusion Accordingly, I will consider this administrative appeal closed. If the requestor is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Thy Kingdom Come