Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20241971)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 24, 2024 SPR24/1971 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 April 18, 2024, Ms. Beckta requested, “a copy of the plans for the waterfront…” Previous Appeal This request was the subject of a previous appeal. See SPR24/1936 Determination of the Supervisor of Records (July 10, 2024). In my July 10th Determination, I closed the appeal when I learned that the City provided a response to Ms. Beckta dated July 9, 2024. Unsatisfied with the City’s response, Ms. Beckta petitioned this office and this appeal, SPR24/1971, 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. 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 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. SPR24/1971 Page 2 July 24, 2024 or redacted portion of the responsive record. The City’s July 9th Response In its July 9, 2024 response, the City states, “I have attached a link to the Everett Riverfront Vision Plan… The Vision Plan includes a [sic] estimated cost of each project at the end of the document. As you know most of these projects are not funded exclusively from the city’s capital fund…” Current Appeal In her appeal to this office, Ms. Beckta states, “the response the city sent was a document from 2020 that is a general plan of the projects proposed for the waterfront. My request was for what the $1,334,000 requested in the FY2025 CIP budget would cover.… They gave the estimated costs by project, not by fiscal year. What parts are being done in the summer of 2024? That’s what I want to know. They must have some kind of work plan.” Possession, Custody, or Control The City is advised that 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, in conjunction with Ms. Beckta’s appeal, it is unclear whether the City possesses additional records responsive to Ms. Beckta’s request. If the City does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the City is ordered to provide Ms. Beckta with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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.

Colleen M. Mejia, Esq. SPR24/1971 Page 3 July 24, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta