Shein, Bill v. Executive Office of Labor and Workforce Development (SPR 20260522)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 26, 2026 SPR26/0522 Michael Bergquist Records Access Officer Executive Office of Labor and Workforce Development One Ashburton Place, Suite 2112 Boston, MA 02108 Dear Mr. Bergquist: I have received the petition of Bill Shein appealing the response of the Executive Office of Labor and Workforce Development (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 2, 2026, Mr. Shein requested “copies of public records related to the Workforce Training Fund Program (WTFP) grant awarded to Lenco Industries, Inc. (Pittsfield, Massachusetts), which was publicly announced in June, 2025 as a grant of $145,600. This request is limited to records associated with a grant award decision that has already been made and announced” and includes the following: [1] The complete WTFP grant application(s) submitted by Lenco Industries, Inc. for the WTFP award, including any narrative, training plan, budget summary, and similar application materials[;] [2] All attachments and supporting documents submitted by Lenco, or others, in connection with the application, including letters of support and required compliance certifications (e.g., certificates of good standing or compliance), to the extent they were part of the application file[;] [3] Internal records reflecting the review and approval of the grant, including scoring sheets, evaluation summaries, recommendation memoranda, or final approval documentation[;] [4] Internal and external correspondence (including emails and attachments) among Commonwealth Corporation staff, Lenco Industries, Inc., and any local, state, or federal elected officials or staff, concerning the application, review, approval, or award of this WTFP grant[;] [5] Any final or executed grant agreement and any amendments, along with any records related to invoices submitted or payments made to date under the grant[;] [6] Any interim or final grant reports submitted to date describing use of funds or progress toward training objectives[.] 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 Bergquist SPR26/0522 Page 2 February 26, 2026 The Office responded on January 16, 2026 and February 3, 2026. Unsatisfied with the responses, Mr. Shein petitioned this office and this appeal, SPR26/0522, was opened as a result. Subsequently, I learned that on February 24, 2026, the Office stated in an email that it intends on providing a written response to Mr. Shein. 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 Office’s January 16th and February 3rd responses In its January 16, 2026 response, the Office stated, “[w]e are working on our public records request as we discussed and hope to provide responsive records by the 26th.” In its February 3, 2026 response, the Office stated, “we are working to get you the first batch of records this week and the rest next week. I will get records over to you as soon as I can.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a

Michael Bergquist SPR26/0522 Page 3 February 26, 2026 municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Shein submitted his request on January 2, 2026, and the Office has not provided the responsive records, nor cited an exemption for withholding records, I find that the Office has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the Office must provide an estimated date as to when it intends to complete the search and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Office must provide responsive records on a rolling basis. Conclusion Accordingly, the Office is ordered to provide Mr. Shein with a response to his 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. Mr. Shein may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Bill Shein