Anzalone, Karen v. Executive Office of Housing and Livable Communities (SPR 20260716)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 11, 2026 SPR26/0716 Adrian Walleigh, Esq. Records Access Officer Executive Office of Housing and Livable Communities 110 Cambridge Street, Suite 300 Boston, MA 02114 Dear Attorney Walleigh: I have received the petition of Karen Anzalone appealing the response of the Executive Office of Housing and Livable Communities (Office/HLC) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 13, 2026, Ms. Anzalone requested “[a]ny correspondence via email, phone, instant message or other manner that exists between the dates of October 1, 2024 through February 1, 2025 between [two identified individuals] regarding the following:”  RAFT requests in the name of [two identified individuals]  RAFT payments made to [two identified individuals]  RAFT account(s) opened on behalf of [two identified individuals] The Office responded on February 27, 2026. Unsatisfied with the Office’s response, Ms. Anzalone petitioned this office and this appeal, SPR26/0716, 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 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

Adrian Walleigh, Esq. SPR26/0716 Page 2 March 11, 2026 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 February 27th Response On February 27, 2026, the Office stated, “[a]fter a diligent search, HLC has located no records in its possession which are responsive to your request. HLC is not withholding any responsive records to this request.” Current Appeal In her appeal petition, Ms. Anzalone contends, “...[t]his is impossible as I have three emails with portions deleted so I did not have access to some of the information - so I know they exist, I requested the information in the hopes that it would help me locate the RAFT payments. I asked the Custodian of Records if he would like to check again and received no response.” Records in Existence 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 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). In this case, based on the Office’s response and the information provided in Ms. Anzalone’s appeal petition, it is unclear whether the Office possesses records responsive to the request. If the Office does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Office is ordered to provide Ms. Anzalone with a response to the request, provided in a manner consistent with this order, the Public Records Law and its

Adrian Walleigh, Esq. SPR26/0716 Page 3 March 11, 2026 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. Anzalone may further 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: Karen Anzalone