Transparency, Commonwealth v. Malden, City of (SPR 20260814)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 23, 2026 SPR26/0814 Carol A. Desiderio Records Access Officer City of Malden 215 Pleasant Street Malden, MA 02148 Dear Ms. Desiderio: I have received the petition of Commonwealth Transparency (requestor) appealing the response of the City of Malden (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 18, 2026, the requestor sought the following: OpenCommonwealth is hereby requesting a copy of the video of the February 17, 2026 City Council meeting. The video is unavailable through UMA/MATV, which is unusual. Please provide a link where this video can be downloaded at your earliest possible opportunity. The City responded on February 19, 2026, and assigned reference number 2026-0090 to the request. Unsatisfied with the City’s response, the requestor petitioned this office, and this appeal, SPR26/0814, 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 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

Carol A. Desiderio SPR26/0814 Page 2 March 23, 2026 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 City’s February 19th Response In its February 19, 2026 response, the City states the following: It is not at all unusual for UMA to not have the video, as Committee of the Whole meetings are not televised Council nights. However, there was a Teams link on the agenda and the video may be found in Agenda Center of the City’s website at the following link: Agenda Center • Malden, MA • CivicEngage, utilizing the ‘media’ button for February 17. Current Appeal In the appeal petition, the requestor argues the following: The response to the request does not provide a link which allows the requested record to be downloaded or the actual video as specifically requested. The link provided is view only and actively prevents downloading of the video. Records on a Public Website Please be advised that it is permissible for a custodian to provide access to records via a link to a website. See G. L. c. 66, § 6A(d) (“If the public record requested is available on a public website ... the records access officer may furnish the public record by providing reasonable assistance in locating the requested record on the public website.”); see also 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”); 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”). In this case, the City has confirmed that the record the requestor seeks is available on a public website maintained by the City, and has provided assistance in locating the record on the website. Consequently, based on the City’s February 19th response, I find that the City has met its burden in responding to this request.

Carol A. Desiderio SPR26/0814 Page 3 March 23, 2026 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: Commonwealth Transparency