Paula Sterite v. Everett, City of - Business and Development Purchasing (SPR 20221755)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 8, 2022 SPR22/1755 Robert Moreschi City of Everett Purchasing Department 484 Broadway, Room 39 Everett, MA 02149 Dear Mr. Moreschi: I have received the petition of Paula Sterite appealing the response of the City of Everett - Purchasing Department (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Ms. Sterite requested the following records: • A copy of the RFP, bids and contract for the new parking meters; and • A copy of the RFP, bids and contract for the batteries and replacement batteries for [parking] meters. On July 25, 2022, the City provided a response, stating, “[t]he parking meters were purchased through the MAPC’s Parking Meter procurement.” On July 29th, Ms. Sterite petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition, Ms. Sterite asserts, “the City’s response I believe only answered – Can I please get a copy of the RFP, bids and contract for the new parking meters. I am requesting the additional details to ensure [the][C]ity is following protocols for new purchases.” 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends 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 SPR22/1755 Page 2 August 8, 2022 to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). Records in existence A review of Ms. Sterite’s request reveals that the additional information she requested but was not provided is: “a copy of the RFP, bids and contract for the batteries and replacement batteries for [the parking] meters.” 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 G. L. c. 66, § 10(a)(ii). Based on the City’s response, it is unclear whether any additional responsive records exist. The City must clarify whether such records exist, and when the records will be provided to Ms. Sterite. Conclusion Accordingly, the City is ordered to provide Ms. Sterite with a response to her request in a manner consistent with 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Paula Sterite