Andrew Quemere v. Worcester, City of - Law Department (SPR 20202051)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 5, 2020 SPR19/2051 Michael Vigneux City of Worcester 455 Main Street, Room 3030 Worcester, MA 01608 Dear Michael Vigneux: I have received the petition of Andrew Quemere appealing the response of the City of Worcester (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 23, 2020, Mr. Quemere requested copies of settlement agreements concerning the City. The City provided Mr. Quemere a response dated October 23, 2020. Unsatisfied by this response, Mr. Quemere petitioned this office and as a result SPR20/2051 was opened. 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, § l0A(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). October 23rd Response Letter In its October 23rd response, the City states, “please be advised that we have moved to a new online portal for submitting public records requests. Please submit this request and all requests going forward via the link below as opposed to sending an email to this address. Thank you.” In his appeal to this office dated October 23, 2020, Mr. Quemere states, “[i]n response to my public records request, the city of Worcester refused to comply and stated that I would need to resubmit my request through an online portal. Emailed requests are valid under state law, and the city cannot require requesters to use an online portal.” 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

Michael Vigneux SPR20/2051 Page 2 November 5, 2020 I learned that the City intends to provide Mr. Quemere a response to his request. The City is ordered to provide said response in accordance with the Public Records Law and its Access Regulations within 10 business days. Accordingly, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere Janice Thompson, Esq.