Herman, Colman v. Massachusetts Department of Transportation (SPR 20261103)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 8, 2026 SPR26/1103 William H. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Colman Herman appealing the response of the Massachusetts Department of Transportation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 27, 2026, Mr. Herman requested the following records, “regarding [an identified individual] covering the period October 16, 2025 to December 31, 2025:” [1] How much was she paid in salary? [2] How much was she paid in benefits? [3] How much was she paid in unused vacation time? [4] How much was she paid in unused sick time? [5] How much was she paid for any other categories of payments? The Department responded on March 13, 2026 and March 21, 2026. Unsatisfied with the responses, Mr. Herman petitioned this office and this appeal, SPR26/1103, 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). 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

William H. Doyle, Esq. SPR26/1103 Page 2 April 8, 2026 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 Department’s March 13th and March 21st Responses In its March 13, 2026 response, the Department acknowledged receipt of the request and stated, “… we will require additional time to respond to your request as we complete our review of the responsive emails for any applicable exemptions and privileged communications. As a result, we may extend the time to respond to your initial request by up to an additional five (5) business days from our receipt.” In its March 21, 2026 response, the Department stated, “I will seek a status on this request on Monday.” Current Appeal In Mr. Herman’s March 26, 2026 appeal, he stated, “… please order the Department of Transportation to produce the responsive records.” 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 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. Herman submitted his request on February 27, 2026, and the Department has not provided the responsive records, nor cited an exemption for withholding records, I find that

William H. Doyle, Esq. SPR26/1103 Page 3 April 8, 2026 the Department has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the Department 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 Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Mr. Herman 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. Herman may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman