Fourth Estate Journalism v. Somerville, City of (SPR 20251869)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 9, 2025 SPR25/1869 Meredith Stivers, Esq. Assistant City Solicitor City of Somerville 93 Highland Avenue Somerville, MA 02143 Dear Attorney Stivers: I have received the petition of Fourth Estate Journalism (requestor) appealing the response of the City of Somerville (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 19, 2025, the requestor sought the following: All public records, spanning from February 26, 2021 to February 26, 2023, concerning all reports or complaints-whether oral, written, informal, formal, partial, or fully documented-that involve allegations, concerns, or grievances raised against former and present employees, personnel, or affiliates of the Somerville Police Department. This includes cases in which the reporter or complainant may have chosen not to proceed, opted against further engagement, or otherwise ceased participation at any stage of the process. On March 31, 2025, following correspondence between the requestor and the City, the requestor narrowed the timeframe specified in the request to “February 26, 2022 to February 26, 2023.” Previous Appeal This request was the subject of a previous appeal. See SPR25/0912 Determination of the Supervisor of Records (April 16, 2025). In my April 16th determination, I ordered the City to revise its fee estimate or provide further explanation of how the fees assessed are consistent with G. L. c. 66, § 10(d). The City responded on May 1, 2025 and May 29, 2025. Unsatisfied with the City’s responses, the requestor petitioned this office and this appeal, SPR25/1869, was opened as a result. While this appeal was pending, the City provided supplemental responses on July 1, 2025 and July 7, 2025. 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

Meredith Stivers, Esq. SPR25/1869 Page 2 July 9, 2025 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. The City’s May 1st and May 29th Responses In its May 1, 2025 response, the City provided a fee estimate of $910.00, and stated, “…records responsive to this request are likely to ‘contain information that is exempt from disclosure pursuant to G.L. c.4 §7(26)(a)’ and the City may charge for time segregating and redacting records[.]” The City further provided a fee estimate of $275.00 if the requestor agreed to modify the request to exclude responsive audio and video recordings. In reply to the City on May 20, 2025, the requestor stated: Following your suggestions on 5/1/2025, and in an effort to eliminate associated fees, Fourth Estate Journalism (FEJ) is agreeable to a narrowed scope, specifically covering the period from 8/26/2022 to 2/26/2023 (6 months rather than 1 year), and excluding any audio or video recordings. Otherwise, please propose a timeframe… that eliminates the fees. In its May 29, 2025 response, the City provided a revised fee estimate of $137.50 in accordance with the requestor’s modification. The City stated further: [T]he City is willing to waive this cost if the requester would be willing to limit the scope of its first request SPR25/1189, for similar records regarding complaints against the Somerville Police Department... If FEJ is willing to modify that request to eliminate all audio and video files, the City will be able to complete both requests much more quickly… If the requester is agreeable to narrowing the scope of the first request to exclude media records, the City expects to be able to

Meredith Stivers, Esq. SPR25/1869 Page 3 July 9, 2025 complete both requests by providing the written documents within 25 business days after the requester agrees to limit the scope. Records will be provided on a rolling basis. On June 17, 2025, the requestor replied, “[w]e respectfully do not agree with any of your proposals…” The requestor further modified the request as follows: [T]he period under consideration should be narrowed to 10/26/2022 through 2/26/2023 (4 months rather than the initial 12). No audio or video files are to be included... Should these constraints still incur fees, please promptly provide an alternative scope… that would not generate fees. Current Appeal In the appeal petition, the requestor stated, “[t]he City has repeatedly obstructed and delayed access to the requested records, and refused to comply with the Supervisor’s determination under SPR25/0921.” In its supplemental response on July 1, 2025, the City stated: The estimated page count of the narrowed request for 10/26/2022 through 2/26/2023 (excluding audio/video files) is as follows: Revised estimated time to review and redact (6/30/2025): Approximately 150 pages at 1 minute per page = 2.5 hours Since subtracting the 2 free hours would leave only half an hour of charged staff time… we will waive the resulting fee for this narrowed request. Please let us know if this is acceptable to you and we will provide these records within the time required under the Mass. Public Records Law. On July 7, 2025, in reply to the City’s supplemental response, the requestor stated: Given the significant time that has elapsed since FEJ’s request on March 19, 2025, and the City’s ongoing noncompliance with the Supervisor’s determination in SPR25/0921, FEJ will accept responsive records limited to the period October 26, 2022, through February 26, 2023, with no fees assessed by the City. We request that these records be produced without further delay. Please note that FEJ is not withdrawing its appeal in SPR25/1869. On July 7, 2025, the City responded, “[t]hank you for confirming that you agree to the limited scope. We will get started on this request.”

Meredith Stivers, Esq. SPR25/1869 Page 4 July 9, 2025 Conclusion Based on the City’s July 7th response, which indicates that the City intends to provide the records at no charge, the City is ordered to provide the requestor with a response to the request provided in a manner consistent with 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. The requestor may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Fourth Estate Journalism