Debra Waller v. Newton, City of (SPR 20240077)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 24, 2024 SPR24/0077 Carol Moore City Clerk City of Newton 1000 Commonwealth Avenue Newton Centre, MA 02459 Dear Ms. Moore: I have received the petition of Debra Waller appealing the response of the City of Newton (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 28, 2023, Ms. Waller stated, “[f]or the period of 1/1/19 through 12/31/20, the following information is requested: [1.] ... All written work sent from Utile, Inc. to the City of Newton [including] ... Excel workbooks, analysis results, drawings, PowerPoint slides, and any written reports. [2.] ... All billing invoices sent from Utile, Inc. to the City of Newton, detailing charges for work done. [3.] ... All funds sent from the City of Newton to Utile, Inc.” Prior Appeal The requested records were the subject of a prior appeal. See SPR23/1924 Determination of the Supervisor of Records (September 5, 2023). In my September 5th determination, I directed the City to revise its fee estimate or provide further explanation of how the fee assessed is expressly provided for and consistent with G. L. c. 66, § 10(d). The City responded on January 4, 2024. Unsatisfied with the response, Ms. Waller petitioned this office and this appeal, SPR24/0077, was opened as a result. It is my understanding that the City intends on providing a further response to Ms. Waller. Accordingly, the City is ordered to provide Ms. Waller with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. 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

Carol Moore SPR24/0077 Page 2 January 24, 2024 Waller may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Debra Waller