Jonathan Medeiros v. Fall River, City of - Office of the Corporation Counsel (SPR 20251927)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 15, 2025 SPR25/1927; SPR25/1928 Kenneth Fredette, Esq. Assistant Corporation Counsel City of Fall River 1 Government Center Fall River, MA 02722 Dear Attorney Fredette: I have received the petitions of Jonathan Medeiros, of International Association of Fire Fighters Local 1314, appealing the response of the City of Fall River (City) to two requests for public records. See G. L. c.66, § 10A; see also 950 C.M.R. 32.08(1). On June 12, 2025, in two separate requests, Mr. Medeiros sought: SPR25/1927 [1] Revenue reports showing income related to COVID-19 testing, vaccination, and emergency services[;] [2] All grant funding received (e.g., CARES Act, ARPA, FEMA) by Fall River EMS and documentation regarding how funds were used[;] [3] All contracts or purchase agreements associated with COVID-19 testing, vaccine administration, or pop-up clinics[;] [4] All COVID-related purchases under $10,000, including: Purchase orders[;] Invoices[;] Vendor names[;] Descriptions of goods/services[;] [5] Emergency procurements related to COVID response efforts, including: Justification memos[;] Waivers or deviation approvals[;] Internal communications regarding urgency[;] [6] Any correspondence, memos, or emails involving EMS leadership and the Purchasing Department, Mayor’s Office, or vendors regarding COVID-19 operations or funding[;] [7] All audits, reviews, or findings involving EMS’s use of COVID-related funds or revenue[;] [8] Any documentation or correspondence suggesting misuse, misallocation, or irregular handling of COVID-related revenues or expenditures. 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

Kenneth Fredette, Esq. SPR25/1927; SPR25/1928 Page 2 July 15, 2025 SPR25/1928 [1] All Requests for Proposals (RFPs) or Invitations for Bids (IFBs) issued by Fall River EMS[;] [2] Documentation of all purchases over $10,000, including: [q]uote logs or written solicitations[;] [b]ids/proposals received[;] [c]ontracts awarded[;] [p]rice comparisons[;] [3] For purchases over $50,000: [c]opy of sealed bids and public advertisements (with date/time stamps)[;] [j]ustification for vendor selection[;] [n]otice of award[;] [4] All purchases under $10,000, including: [p]urchase orders or requisitions[;] [i]nvoices and receipts[;] [v]endor name and description of goods/services[;] [i]nternal approvals or justification documentation[;] [5] Emergency procurement documentation under M.G.L. c. 30B §8: Statements of emergency[;] Purchase orders, invoices, approvals[;] Notification filings to the Secretary of State and COMMBUYS[;] [6] All sole-source procurement justifications, including: Internal memos or waiver forms[;] Vendor exclusivity claims[;] [7] Annual enterprise fund budgets and expenditure reports (FY22-FY25)[;] [8] All internal or external audits or reviews of the EMS enterprise fund, especially those addressing procurement or internal controls[;] [9] Communications (email or memo) between EMS leadership and the Purchasing Department or Mayor’s Office regarding: [p]urchases of any amount[;] [c]ircumventing procurement rules[;] [a]voiding public bid processes[;] [10] List of all vendors or contractors paid by Fall River EMS since Jan 1, 2022, including: Vendor name and address[;] Description of service/supplies[;] [11] All signed contracts or purchase agreements with vendors above $1,000, including for under-threshold purchases[;] [12] Any non-competitive contracts or memoranda of understanding (MOUs)[;] [13] Names and job titles of all EMS personnel involved in procurement, purchasing, or enterprise fund management[;] [14] Copies of EMS’s internal procurement policies (if any exist apart from citywide policy)[;] [15] Any Mass Certified Public Purchasing Official (MCPPO) certifications held by EMS supervisors or purchasing agents[;] [16] Any emails or memos between EMS leadership, city officials, or vendors that: [d]iscuss avoiding public bidding[;] [s]uggest ‘splitting’ purchases to stay under thresholds[;] [i]nclude phrases such as: “get around 30B,” “not enough time to bid,” “don’t go through Purchasing,” or “emergency but not documented”[.] The City responded on June 12 and June 23, 2025. Unsatisfied with the responses, Mr. Medeiros petitioned this office and these appeals, SPR25/1927 and SPR25/1928, were opened as a result. Subsequent to the opening of these appeals, the City provided a supplemental response on July 7, 2025.

Kenneth Fredette, Esq. SPR25/1927; SPR25/1928 Page 3 July 15, 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 Responses In both of its June 12, 2025 responses, the City stated, “[t]he City of Fall River has reviewed its files and has determined there are no responsive record(s) to your request[.]” The City suggested that Mr. Medeiros forward his request to an identified individual. In its June 23, 2025 response, an attorney for the City advised, “I had not been made aware of any additional requests during the past week and made inquiry. I learned today that both myself and EMS were notified of a Public Records Request made on June 12, 2025… It is my intention to complete the original six (6) requests before proceeding on to another high- volume records request.” Current Appeals In his July 1, 2025 appeal petitions, Mr. Medeiros stated that he had received no further response from the City. In its July 7, 2025 supplemental response, the City stated, “[the City has] not refused any request to date on the first set of requests made and [is] working to establish reasonable time estimates for accumulation, redaction and printing…” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the

Kenneth Fredette, Esq. SPR25/1927; SPR25/1928 Page 4 July 15, 2025 agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Medeiros submitted his requests on June 12, 2025, and the City has not provided responsive records, nor cited an exemption to justify the withholding of records, I find the City has not met its burden in responding to the requests in accordance with G. L. c. 66, § 10(b). Consequently, the City must provide an estimated date as to when it intends to complete its review and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Medeiros with a response to his requests, 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. Mr. Medeiros 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: Jonathan Medeiros