Dube, Meghan v. Cannabis Control Commission (SPR 20260612)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 5, 2026 SPR26/0612 Stephen G. Roche, Esq. Records Access Officer Cannabis Control Commission 50 Franklin Street Boston, MA 02110 Dear Attorney Roche: I have received the petition of Meghan Dube appealing the response of the Cannabis Control Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 28, 2026, Ms. Dube requested: [1] Public Meeting Notice [2] Meeting Minutes [F]or Executive Session held between June 2024 and February 2025 related to the statement by [an identified individual] in Teams message to [an identified individual] on or around June 17, 2024 at 10:20am[.] The Commission responded on February 12, 2026 and February 20, 2026. Unsatisfied with the Commission’s responses, Ms. Dube petitioned this office and this appeal, SPR26/0612, 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. 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

Stephen G. Roche, Esq. SPR26/0612 Page 2 March 5, 2026 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 Commission’s February 12th and February 20th Responses On February 12, 2026, the Commission acknowledged receipt of the request. On February 20, 2026, the Commission stated, “[y]ou may find the documents you seek on the Commission’s searchable website…” and provided a link to its searchable website. Current Appeal In her appeal petition, Ms. Dube contends, “…the records are not available on the public website of the cannabis control commission. If there are no responsive records, the CCC must state as much[.]” Records on a Public Website Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See 950 C.M.R. 32.04 (5)(e) (“A records access officer shall . . . to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); see also 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). Based on Ms. Dube’s petition, it unclear if the records Ms. Dube is seeking is available on the provided website. Therefore, I find the Commission must provide the requestor with reasonable assistance to enable her to locate the responsive records. Conclusion Accordingly, the Commission is ordered to provide Ms. Dube 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. Dube may further appeal the substantive nature of the Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Stephen G. Roche, Esq. SPR26/0612 Page 3 March 5, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Meghan Dube