Carlo Cellai v. Boston, City of - Police Department (SPR 20210905)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 20, 2021 SPR21/0905 Shawn Williams, Esq. Primary Records Access Officer City of Boston 1 City Hall Square, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Attorney Carlo Cellai appealing the response of the City of Boston (Boston) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 8, 2021, Attorney Cellai requested various records relating to contracts with two corporations for a project at a specified address. Previous Appeal This request was the subject of a previous appeal. See SPR21/0546 Supervisor of Records Determination (March 19, 2021). In my March 19th determination, I ordered the City to provide Attorney Cellai with a response to his request. Subsequently, the City responded on April 6, 2021, stating that “[t]he Boston Residency and Jobs Program (BRJP) does not have record of a project at [the specified address].” The City also stated “there is no record of the subcontractor . . . [c]orporation working on any BRJP projects.” Unsatisfied with the City’s response, Attorney Cellai appealed, and this case was opened as a result. Current Appeal In his appeal petition Attorney Cellai provides additional information on the records he is seeking. He explains that it is his “understanding that the project-in-question was completed on behalf of the Public Facilities Department, not BJRP. Said project was designated Project No. 7164.” Records in Existence The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See 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 Williams, Esq. SPR21/0905 Page 2 April 20, 2021 G. L. c. 66, § 10(a)(ii). In light of the additional information provided in Attorney Cellai’s appeal petition, the City must clarify whether responsive records exist. Conclusion Accordingly, the City is ordered to provide Attorney Cellai with a response to the 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 preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Carlo Cellai, Esq.