Colman Herman v. Everett, City of - Office of the City Clerk (SPR 20220097)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 1, 2022 SPR22/0097 Peter Napolitano City Clerk’s Office City of Everett 484 Broadway Street Everett, MA 02149 Dear Mr. Napolitano, I have received the petition of Colman Herman appealing the nonresponse of the Everett City Clerk’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 4, 2021, Mr. Herman requested specific mayoral expense records for the period January 1, 2019 to the present, as follows: a) Credit card statements with back-up receipts b) Expense reports with back-up receipts c) Automobile expense reports with back-up receipts d) Any and all other records that document Mayor … expenses 2) The written employee reimbursement policy of the City of Everett. Claiming to not yet have received a response, Mr. Herman petitioned this office and this appeal, SPR22/0097, was opened as a result. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt of the request. G. L. c. 66, § l0(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § l0(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Despite being notified of the opening of this appeal and a communication from a member of the Public Records Division staff, it is unclear whether a response has been provided. Accordingly, the Office is ordered to provide Mr. Herman with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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. 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 SPR22/0097 Page 2 February 1, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman Sergio Cornelio