Steven Fitzgerald v. Everett, City of - Solicitor's Office (SPR 20202298)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 8, 2020 SPR20/2284; SPR20/2295; SPR20/2296 SPR20/2297; SPR20/2298; SPR20/2299 SPR20/2352; SPR20/2353; SPR20/2354 SPR20/2355; SPR20/2356; SPR20/2357 SPR20/2358; SPR20/2359; SPR20/2360 SPR20/2400 Sergio Cornelio City Clerk City of Everett 484 Broadway, Room 10 Everett, MA 02149 Dear Mr. Cornelio: I have received the petition of Steven Fitzgerald appealing the response of the City of Everett (City) to a request 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

SPR20/2284; SPR20/2295; SPR20/2296 SPR20/2297; SPR20/2298; SPR20/2299 SPR20/2352; SPR20/2353; SPR20/2354 SPR20/2355; SPR20/2356; SPR20/2357 SPR20/2358; SPR20/2359; SPR20/2360 SPR20/2400 Sergio Cornelio Page 2 December 8, 2020 Since the issuance of the determination finding that Mr. Fitzgerald was demonstrating an ongoing pattern of acting without good faith, Mr. Fitzgerald has filed 16 additional appeals relating to the City. See SPR20/2168-2178, Supervisor of Records Determination (November 23, 2020). Lack of Good Faith 950 C.M.R. 32.08(2)(b) 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 continued ongoing pattern of acting without good faith, I deny these appeals. See 950 C.M.R. 32.08(2)(b)(2); see also G. L. c. 66, § 10(c). 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 Public Records cc: Steven Fitzgerald