Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20232933)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 18, 2023 SPR23/2933 Colleen M. Mejia, Esq. City Solicitor City of Everett 484 Broadway Everett, MA 02149 Dear Attorney Mejia: I have received the petition of Joan P. Beckta 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). On August 30, 2023, Ms. Beckta requested “[a] copy of a 2019/2020 study by Mt. Vernon Group on the suitability of Pope John as a middle/vocational school, as paid for by the attached check copy.” Prior Appeal The requested records were the subject of a prior appeal. See SPR23/2464 Determination of the Supervisor of Records (October 30, 2023). In my October 30th determination, I ordered the City to provide Ms. Beckta with a response. On November 30, 2023, the City responded and provided Ms. Beckta with responsive records. Claiming that the City did not provide her with all the responsive records, Ms. Beckta petitioned this office and this appeal, SPR23/2933, 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 agency or municipality 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. 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. SPR23/2933 Page 2 December 18, 2023 Att’y 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. 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 30th response In its November 30, 2023 response, the City provided Ms. Beckta with a response, which included three responsive records. Current Appeal In her current appeal, Ms. Beckta claims that the City did not provide her with all the responsive records, specifically, a study concerning a named high school. Based on the City’s response, in conjunction with Ms. Beckta’s appeal, it is unclear if the City possesses any additional records 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether any additional responsive records exist. Conclusion Accordingly, the City is ordered to provide Ms. Beckta with a response to the request, provided in a manner consistent with this order, 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: Joan P. Beckta