Steven Fitzgerald v. Everett, City of - Mayor's Office (SPR 20200862)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 11, 2020 SPR20/0862 Kevin O’Donnell City of Everett – Mayor’s Office Department 484 Broadway Everett, MA 02149 Dear Mr. O’Donnell: I have received the petition of Steven Fitzgerald appealing the nonresponse of the City of Everett – Department of the Mayor’s Office (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 12, 2020, Mr. Fitzgerald requested records regarding “any and all invoices for attorney fees that Mayor Carlo DeMaria and/or the City of Everett paid for a criminal representation involving Everett Mayor Carlo DeMaria with the United States Attorney’s Office Boston. For reference Mayor DeMaria eventually signed a proffer agreement with the USAO and Assistant US Attorney Kristina Barclay in the matter.” Claiming to not yet have received responsive records, Mr. Fitzgerald petitioned this office and this appeal, SPR20/0862, was opened as a result. Current Appeal Subsequent to the intervention by a staff member of the Public Records Division, I learned that the City provided a response dated June 9, 2020 with respect to Mr. Fitzgerald’s request claiming “the City does not have any records responsive to this request.” A records access officer is not required to create a new public record in order to comply with a request, provided that furnishing a segregable portion of a public record shall not be deemed to be creation of a new record. See G. L. c. 66, § 6A(d). Accordingly, I will consider this appeal closed. 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

Mr. Kevin O’Donnell SPR20/0862 Page 2 June 11, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Steven Fitzgerald Ms. Colleen M. Mejia, Esq.