Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20242088)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 5, 2024 SPR24/2088 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, “plans for the Armory Renovations.” Previous Appeals This request was the subject of previous appeals. See SPR24/1937 Determination of the Supervisor of Records (July 11, 2024) and SPR24/1992 Determination of the Supervisor of Records (July 25, 2024). In my July 25th determination, I closed the appeal after I found it unclear what specific records Ms. Beckta was seeking. Subsequently, Ms. Beckta provided additional information regarding the records she is seeking. As a result, this appeal, SPR24/2088, 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 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. SPR24/2088 Page 2 August 5, 2024 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. The City’s July 11th Response In its July 11, 2024 response, the City states, “the Connolly Center funds are currently listed as a Capital Improvement Line item and are awaiting approval by the Council. As for grant funding, we have applied for two grants for the Connolly Center roof, weatherization, and HVAC upgrades. One grant is the Communities Sparking Investment in Transformative Energy: Resilient Everett, where we proposed a $3 million project to replace the roof, weatherize the building, and upgrade all heating and cooling equipment to highly efficient heat pumps.… The second grant is the EPA Community Change Grants Program, a regional effort with local nonprofits and three surrounding municipalities to create a climate resiliency hub. This $5 million project will upgrade the roof, weatherization, and HVAC units and will install solar and battery storage to help during emergencies.” Current Appeal In her appeal to this office, Ms. Beckta states, “I don’t consider what I was sent to be plans. To me, plans have facts, not speculation on what grants we might get. Plans would have Roof-X dollars; Weatherize-X dollars, etc. It would be more like the study I attached, maybe with some layouts, if they would be appropriate.” In light of the information provided in Ms. Beckta’s petition, the City must clarify whether it possesses 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). The City must clarify this matter. 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. Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta