Commonwealth Transparency v. Everett, City of - Public Schools (SPR 20213009)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 29, 2021 SPR21/3009 Peter Napolitano Assistant City Clerk City of Everett 121 Vine Street Everett, MA 02149 Dear Peter Napolitano: I have received the petition of Commonwealth Transparency 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). Specifically, on October 29, 2021, Commonwealth Transparency requested, “any and/or all contracts for student bussing between your school/district/city/municipality/town and [a named bus company] for the…school years [of 2017-2023].” The City provided a response on November 9, 2021. Unsatisfied with the City’s response, Commonwealth Transparency petitioned this office and this appeal, SPR21/3009, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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

Peter Napolitano SPR21/3009 Page 2 November 29, 2021 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City’s November 9th Response On November 9, 2021, the City provided a response including various purchase order invoices between the City and the named bus company. Current Appeal In its November 13, 2021 appeal, Commonwealth Transparency stated, “the response specifically omits the specific public records sought…No contracts were sent or received.” On November 29th, the City’s Public School Department indicated that they intend to search for records that resemble contracts between the City and the named bus company and will provide a supplemental response. Conclusion Accordingly, the City is ordered to provide Commonwealth Transparency with a response in accordance with the Public Records Law, its Regulations, and this order within ten business days. 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: Commonwealth Transparency