Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20241439)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 24, 2024 SPR24/1439 Colleen Mejia, Esq. Office of the City Solicitor 484 Broadway Everett, MA 02149-3694 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 April 12, 2024, in three separate requests, Ms. Beckta requested the report of the Hancock Design Expenditure account for FY2018, FY2019 and FY2020. The City responded on April 17, 2024, including responsive records. Unsatisfied with the response, Ms. Beckta 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) 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. Attorney 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. 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 Mejia, Esq. SPR24/1439 Page 2 May 24, 2024 Current appeal In her petition, Ms. Beckta indicates, “…attached are the responses I got to my records requests 2024-0329, 2024-0330, 2024-0331 … along with the two pages from the chart of accounts showing that G/L acct# 31-492-7361-5851 clearly says Hancock Design & Improvements and what I was sent on three of the requests was acct# 31-220-7222-4910 Hancock Fire Station; on 2024-0332, the response was we don’t have to create documents, so I have no idea which account number he was looking at … I got the report for FY2022 and FY2023, so I’m fairly sure the correct account exists, as I find it in both the old and new Chart of Accounts.” Prior to Ms. Beckta filing this appeal, on April 22nd, she emailed the City stating, “Hi, we seem to be having a little trouble with our understanding. For requests 0329, 0330, 0331 … I was looking for the reports on the [Expenditure] NOT on the fire station, but on the design for Hancock St. itself, for FY2018-2021. You sent me the fire station account…” In light of the above, it is unclear whether the City possesses the records specified in Ms. Beckta’s request. Particularly, the City must clarify whether it possesses any expenditure reports regarding the Hancock Design & Improvements. 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). However, in accordance with the Public Records Law, 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). The City must clarify this matter. 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. Ms. Beckta may appeal the substantive nature of the response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta