Evan Moses v. Gloucester, City of - City Clerk (SPR 20252281)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 15, 2025 SPR25/2281 Grace E. Poirier City Clerk/ Principal Records Access Officer City of Gloucester 9 Dale Avenue Gloucester, MA 01930 Dear Ms. Poirier: I have received the petition of Evan S. Moses appealing the response of the City of Gloucester (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 11, 2025, Mr. Moses requested the following: [1] A complete and unredacted copy of the City[’s] current contract or agreement with Republic Services including any addenda, amendments, performance clauses, renewal provisions, payment schedules, or supporting materials[;] [2] For the time period of June 1, 2025 to present: [a] All emails, letters, memos, text messages, or other forms of correspondence exchanged between any city official, employee, department, or representative and Republic Services[;] [b] [I]nclud[ing] communications via: City-issued email accounts or phone numbers[;] City-issued cell phones or landlines[;] [p]ersonal email addresses or personal phone numbers if used by conducting official city business[;] [3] Incoming and outgoing phone call logs involving Republic Services and any City office, department, or official—including, but not limited to, landlines, cell phones, and departmental extensions[;] [4] Where available, include caller/recipient identities and associated department or position, especially for city-issued phones or extensions[;] [5] For the time period of June 1, 2025 to present: [a] Internal communications between city departments, agencies, or officials referencing Republic Services or waste collection services, including: [i] Emails, memos, letters, and interoffice communications[;] [ii] Text messages or informal correspondence between city staff[;] 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

Grace E. Poirier SPR25/2281 Page 2 August 15, 2025 [iii] Internal phone call records pertaining to Republic Services[;] [6] All records related to any unforeseen or supplemental labor, resource, or operational costs incurred by the City or its departments—especially the Department of Public Works—arising from service disruptions or performance gaps by Republic Services[;] [a] This includes, but is not limited to: [i] Use of city employees or agents to perform trash collection or related services[;] [ii] Increased fuel usage, equipment wear, or operational strain related to substitute services [iii] Overtime records for city workers involved in compensating for any lapses in contracted waste management[;] [iv] Any internal discussion or documentation of cost-tracking measures, budgetary impacts, or estimates of financial burden[;] [v] Any records of attempted or planned cost recovery efforts, such as formal demands to [an identified entity] or consultations with legal counsel regarding cost reimbursement[;] [7] Any and all correspondence, documentation, or directives involving Gloucester city legal counsel relating to Republic Services, including: [a] Contract drafting, negotiation, or review[;] [b] Notices of breach, service complaints, or legal concerns[;] [c] Demand letters or other legal remedies concerning service obligations[.] The City responded on July 25, 2025. Unsatisfied with the response, Mr. Moses petitioned this office and this appeal, SPR25/2281, was opened as a result. Subsequently, on August 12, 2025, the City provided a supplemental response. Subsequently, I learned that the City provided Mr. Moses with an additional response on August 15, 2025. Where this appeal was opened as a result of the City’s July 25th response, I will now consider this administrative appeal closed. Mr. Moses may appeal the substantive nature of the City’s August 15th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Evan S. Moses