Rita Gill-McCarthy v. Boston, City of - Police Department (SPR 20210537)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 17, 2021 SPR21/0537 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Plaza, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Rita Gill-McCarthy appealing the response of the City of Boston (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 8, 2021, Ms. Gill-McCarthy requested “… copies of certified payrolls submitted by the plumbing contractor, Harold Brothers Mechanical, for any and all plumbing work performed at the Boston Arts Academy. This request is for all work completed through January 8, 2021. I am also requesting the prevailing wage sheets for this job.” The City initially provided a response on January 21, 2021. Unsatisfied with the City’s response, Ms. Gill-McCarthy petitioned this office and SPR21/0537 was opened as a result. Current Appeal In her appeal Ms. Gill-McCarthy states “[o]n January 21, 2021 our office received excel spreadsheets as a response from the City Boston with some information but not copies of the certified payrolls. On January 25, 2021 this office responded to the City regarding the spreadsheets received and once again asked for copies of the certified payrolls originally requested on January 8, 2021. The City did not properly respond to our original request nor did they respond to our follow up email informing them that the spread sheets were not acceptable. On February 26, 2021 our office resubmitted a second request to the City for copies of the certified payrolls from Harold Bros. for work performed on the Boston Arts Academy. Once again the City responded with the same excel spreadsheets and not copies of the certified payrolls.” Based on the City’s responses, in conjunction with Ms. Gill-McCarthy’s claim, it is unclear if it possesses records responsive to her original request. Particularly, I find the City must confirm if it possesses certified payroll records from Harold Brothers Mechanical. The duty to comply with requests for records extends to those records that exist and are in the possession, 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

Shawn A. Williams, Esq. SPR21/0537 Page 2 March 17, 2021 custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that the requested records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the City is ordered to provide Ms. Gill-McCarthy with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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. Ms. Gill-McCarthy may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rita Gill-McCarthy