Steven Fitzgerald v. Everett, City of - Mayor's Office (SPR 20201315)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 20, 2020 SPR20/1315 James Soper Department RAO Inspectional Services Department City of Everett 484 Broadway Everett, MA 02149 Dear Mr. Soper: I have received the petition of Steven Fitzgerald appealing the response of the Everett Inspectional Services Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Fitzgerald requested: “Any and all Invoices, permits and receipts for supplies, for work including electrical work performed on Abbott Ave, Everett Massachusetts. This request is specific to work performed by the City of Everett personnel. The request is specific to the following timeframe, January 1, 2020 thru July 30, 2020.” The Department provided a response on August 4, 2020, producing responsive records. Unsatisfied with the Department’s response, Mr. Fitzgerald petitioned this office and this appeal, SPR20/1315, 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 town 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) (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 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

James Soper SPR20/1315 Page 2 August 20, 2020 exemption or exemptions upon which the withholding is based…”); 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). Current Appeal In his appeal petition, Mr. Fitzgerald states that the Department’s response “does not include the origination of the work order or ticket for the work performed[.] Included in the request should be the citizen, company, or department within the city who initially requested the work to be performed.” In light of Mr. Fitzgerald’s petition, it is unclear whether the Department possesses the additional responsive information identified above. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Fitzgerald with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Steven Fitzgerald