Jason Kubert v. Everett, City of - Office of the City Clerk (SPR 20210673)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 1, 2021 SPR21/0673 Robert Moreschi Office of the City Clerk City of Everett 484 Broadway Everett, MA 02149 Dear Mr. Moreschi: I have received the petition of Jason Kubert 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). On October 14, 2020, Mr. Kubert sent his original request for the following: 1. All certified payrolls that [the City is] in possession of from [a named company] and any contractor performing concrete forming and placement of concrete, metal or wood framing, drywall installation, finish trim, cabinets, doors and hardware, acoustical ceiling work, Flooring material installation, Exterior siding and window installation, 2. Copy of the wage assignment sheet. 3. Copy of all clerk of the works daily logs, including pictures of work being performed. The City responded with a number of emails, providing some responsive documents. On February 12, 2021, Mr. Kubert again contacted the City to ask if it was “able to get in touch with [a vendor] about the . . . missing information.” Unsatisfied with the City’s response, Mr. Kubert appealed and this case was opened as a result. Subsequently, I learned that the vendor had attempted to email responsive records to Mr. Kubert on behalf of the City on February 25, 2021 and those emails were not received. Additionally, I understand the vendor is now working directly with Mr. Kubert in order to deliver the responsive records electronically on behalf of the City. I encourage all parties to continue communicating directly in order to ensure delivery of the records Mr. Kubert requested. Accordingly, the City is ordered to provide Mr. Kubert with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is 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

Robert Moreschi SPR21/0673 Page 2 April 1, 2021 preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Kubert may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jason Kubert