Lynn, Jackie v. Executive Office of Energy and Environmental Affairs (SPR 20261087)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 26, 2026 SPR26/1087 Gavin Tullis, Esq. Records Access Officer Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Attorney Tullis: I have received the petition of Jackie Lynn appealing the response of the Executive Office of Energy and Environmental Affairs (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 11, 2026, Ms. Lynn requested: records related to the enforcement of off-highway vehicle (OHV) laws, including M.G.L. c. 90B (commonly known as Sean’s Law), at motocross tracks, closed- course riding facilities, organized practice venues, race events, and other dirt bike or ATV riding locations in Massachusetts. I am also requesting records regarding how fatalities — particularly those involving minors — are reported and handled following such incidents. Timeframe: Unless otherwise noted, please provide records from the effective date of M.G.L. c. 90B (Sean’s Law) to the present. To the extent records are readily available in electronic format and can be produced without extensive archival search, please also include records dating back up to ten (10) years prior to the effective date of Sean’s Law. … [1] Please provide records identifying which department or agency is responsible for enforcing OHV laws and Sean’s Law at: • Motocross tracks • Closed-course dirt bike facilities • Organized practice tracks • Sanctioned race events 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

Gavin Tullis, Esq. SPR26/1087 Page 2 March 26, 2026 • Private-land facilities open to the public • Trail systems where OHVs operate … [2] Please provide records showing: • The number of officers assigned to OHV enforcement each year since Sean’s Law took effect • The current number of officers responsible for enforcing these laws • Whether officers are specifically assigned to OHV enforcement or perform it as part of general duties • Who decides whether officers are sent to motocross tracks or closed- course facilities • Any criteria used to determine deployment (complaints, scheduled patrols, events, seasonal patterns, etc.) … [3] Please provide records of enforcement activity at motocross tracks and closed- course dirt bike facilities, including: • Citations • Written warnings • Documented verbal warnings • VIN or registration checks • Age-compliance or supervision checks • Safety inspections • Patrol logs or records of officer presence For each instance, please include: • Date of visit • Facility name and location • Reason for officer presence • Enforcement actions taken • Laws cited … [4] Please provide annual records showing citations and enforcement actions involving OHVs, clearly distinguishing between: • ATVs • Dirt bikes / off-road motorcycles • Youth riders vs. adult riders, if available • Closed-course facilities vs. trails or public land … [5] Please provide records indicating whether enforcement activity at motocross tracks or closed-course facilities has decreased, changed, or stopped at any point since Sean’s Law took effect, including: • When such changes occurred • Reasons cited for the change • Whether the change resulted from policy decisions, staffing limitations, jurisdictional issues, or other factors

Gavin Tullis, Esq. SPR26/1087 Page 3 March 26, 2026 … [6] Please provide records of complaints received regarding motocross tracks or dirt bike facilities, including referrals from: • Members of the public • Local police, fire, or EMS • Municipal officials • Other agencies Please include records showing any enforcement response or lack thereof. … [7] Please identify the statutes, regulations, policies, or directives relied upon when reporting an OHV-related fatality, including: • M.G.L. c. 90B (Sean’s Law) • Any other Massachusetts laws governing death reporting or incident reporting • Department policies or standard operating procedures … [8] Please provide records sufficient to show which agencies must be notified following an OHV-related fatality, including: • Massachusetts Environmental Police command staff • Executive Office of Energy and Environmental Affairs (EEA) • Local police department • District Attorney’s Office • Office of the Chief Medical Examiner (OCME) • Massachusetts Department of Public Health (DPH) • Department of Children and Families (DCF), when the deceased is a minor • Any other required agency Please also indicate the timeframe for notification and whether procedures differ when the deceased is under 18. If notification to DCF is not required in cases involving minors, please provide records explaining the legal or policy basis for that determination. … [9] Please provide records describing the procedures that responding officers must follow after a fatal OHV incident, including: • Required incident reports • Command notification procedures • Documentation requirements • Any mandatory follow-up reporting … [10] Please provide records sufficient to show how compliance with fatality reporting requirements is documented, including: • Confirmation that required notifications were made • Internal tracking of fatal incidents

Gavin Tullis, Esq. SPR26/1087 Page 4 March 26, 2026 • Supervisory review, if applicable … [11] Please provide records describing any additional procedures that apply when the deceased individual is under 18 years of age, including whether: • Additional agencies must be notified • Child fatality review processes are triggered • Special reporting or oversight requirements apply The Office responded on March 25, 2026. Unsatisfied with the Office’s response, Ms. Lynn petitioned this office and this appeal, SPR26/1087, 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 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 March 25th Response On March 25, 2026, the Office stated, “[d]ue to the magnitude and complexity of your request we will need additional time to process this request. We expect to provide a further response soon.” 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:

Gavin Tullis, Esq. SPR26/1087 Page 5 March 26, 2026 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 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 Ms. Lynn submitted her request on March 11, 2026, and the Office has not provided responsive records, nor cited an exemption for withholding records, I find the Office has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Office must provide an estimated date as to when it intends to complete the search and provide the 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 Ms. Lynn 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. Lynn 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: Jackie Lynn