Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20250497)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 5, 2025 SPR25/0497 Colleen Mejia, Esq. City Solicitor City of Everett 484 Broadway, Room 10 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 January 29, 2025, Ms. Beckta requested “[t]he signed ‘Vehicle Operation Policy’ for every member of [the Inspectional Services Department] who uses a city vehicle.” Previous Appeal A similar request was the subject of a previous appeal. See SPR24/3437 Determination of the Supervisor of Records (January 6, 2025). In my January 6th determination, I found that it was unclear whether the City had provided a response. The City provided responsive records on January 29, 2025, and Ms. Beckta subsequently filed the subject request. The City provided a response on February 19, 2025. Unsatisfied with the response, Ms. Beckta petitioned this office and this appeal, SPR25/0497, 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 Mejia, Esq. SPR25/0497 Page 2 March 5, 2025 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. The City’s February 19th Response In its February 19, 2025 response, the City informed Ms. Beckta that the document provided in response to her previous request was “… not a final document. Once it is finalized it will be sent to employees for signature.” Current Appeal In her February 19, 2025 petition to this office, Ms. Beckta contends that the City should possess responsive records based on the previous version of the Vehicle Operation Policy. Based on Ms. Beckta’s appeal and the City’s response, it is unclear if the City possesses records responsive to the request. The duty to comply with requests for records extends to those 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, 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 the requested 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 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 City’s response within ninety days. See 950 C.M.R. 32.08(1).

Colleen Mejia, Esq. SPR25/0497 Page 3 March 5, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta