Steven Fitzgerald v. Everett, City of - Office of the City Clerk (SPR 20202169)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 23, 2020 SPR20/2165; SPR20/2166; SPR20/2167 SPR20/2168; SPR20/2169; SPR20/2170 SPR20/2171; SPR20/2172; SPR20/2173 SPR20/2174; SPR20/2175; SPR20/2176 SPR20/2177; SPR20/2178 Sergio Cornelio City Clerk City of Everett 484 Broadway, Room 10 Everett, MA 02149 Dear Mr. Cornelio: I have received the petitions of Steven Fitzgerald appealing the responses of the City of Everett (City) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Fitzgerald requested numerous documents from the City. Current appeal The City has advised that since May 2020 through November 16, 2020, Mr. Fitzgerald has submitted approximately 79 records requests. The City explained that, “… based on the repeated nature of many requests as well as the sheer number, the requests do not appear to be intended for the broad dissemination of information to the public about actual or alleged government activity, but rather, constitute a series of contemporaneous requests that are frivolous and designed to harass the City and its public officials, during the public health emergency.” The City further asserts the requests contain disrespectful and derogatory comments about City officials in both the requests and appeals. Moreover, the City explains that Mr. Fitzgerald duplicates requests and sends the same requests multiple times on the same day to the City, as well as makes requests for the emails he previously sent. The City advises that Mr. Fitzgerald requests information and documentation that has already been provided to him by the City, as well as corresponds with City officials using inappropriate and vulgar terms. Additionally, the City believes that Mr. Fitzgerald has used aliases to request records. 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

SPR20/2165; SPR20/2166; SPR20/2167 SPR20/2168; SPR20/2169; SPR20/2170 SPR20/2171; SPR20/2172; SPR20/2173 SPR20/2174; SPR20/2175; SPR20/2176 SPR20/2177; SPR20/2178 Sergio Cornelio Page 2 November 23, 2020 Lack of Good Faith 950 C.M.R. 32.08(2) provides in pertinent part: The Supervisor of Records may deny an appeal for, among other reasons if, in the opinion of the Supervisor: the request is designed or intended to harass [or] intimidate…. 950 C.M.R. 32.08(2)(b)(2). Conclusion Given this requestor’s ongoing pattern of acting without good faith, I deny these appeals. See 950 C.M.R. 32.08(2)(b). The requestor is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Steven Fitzgerald