Paula Sterite v. Everett, City of - Solicitor's Office (SPR 20221874)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 26, 2022 SPR22/1874 Colleen M. Mejia, Esq. City Solicitor City of Everett 484 Broadway, Room 21 Everett, MA 02149 Dear Attorney Mejia: I have received the petition of Paula Sterite appealing the response of the City of Everett (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 detail phone records during the June 27 [City Council] [M]eeting – 7 PM-11:30 PM for the following [C]ouncilors . . . .” On July 19, 2022, the City provided a response stating that “[named] Councilor provided a phone log and there were no responsive documents from the time frame requested, thus there are no responsive documents to your request with respect to Councilor . . .” The City provided further responses from identified Councilors and redacted certain information from the records pursuant to Exemption (c) of the Public Records Law. G. L. c. 4, § 7(26)(c). As a result of the City’s response to the request, Ms. Sterite petitioned the Supervisor of Records, and this appeal was opened. 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 agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). In her August 14th petition, Ms. Sterite asserts, “I am appealing the responses to my request as being incomplete and questionable…My inquiry is to identify if any [C]ouncilors are in communication with one another or with members of administrations or former members to 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

Colleen M. Mejia, Esq. SPR22/1874 Page 2 August 26, 2022 influence votes.” Based on Ms. Sterite’s petition, it is unclear whether additional records exist and are responsive to the request. 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). The City must clarify this matter. 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