Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20252368)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 26, 2025 SPR25/2367; SPR25/2368 Colleen M. Mejia, Esq. City Solicitor City of Everett 484 Broadway, Room 21 Everett, MA 02149 Dear Attorney Mejia: I have received the petition of Joan Beckta appealing the response of the City of Everett (City) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 9, 2025 and July 16, 2025, respectively, Ms. Beckta requested the following: SPR25/2367 “The written reviews of [an identified individual’s] performance as required by the contract #5 Goals and Objectives, paragraph 2.” SPR25/2368 “The application…of [an identified individual] for the position of Superintendent of Schools…” The City responded to both requests on August 12, 2025. Unsatisfied with the responses, Ms. Beckta petitioned this office and these appeals, SPR25/2367 and SPR25/2368, were 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). 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. SPR25/2367; SPR25/2368 Page 2 August 26, 2025 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. Under the Public Records Law, the Office is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). 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 August 12th response In its August 12, 2025 response, the City responded to Ms. Beckta stating, “[a]fter a thorough search of our files, it has been determined that the Everett Public Schools has no records responsive to your request.” Current Appeal In her appeal, Ms. Beckta states, “…I would like to appeal requests 2025-0421 and 2025- 0433…0225-0421 is a request for [an identified individual’s] reviews. These are mandated … 2025-0433 is a request for [an identified individual’s] application.” Subsequent to Ms. Beckta opening this appeal, Attorney Mejia provided additional information to this office via email on August 14, 2025, stating, [1] The Superintendent has not yet been evaluated, so, there are no responsive documents to Ms. Beckta’s request for evaluation documents. [2] The Superintendent did not fill out an application for the position of Superintendent. Candidates submitted resumes to the outside consultant to be considered for the position. The Everett Public Schools (EPS) is not in possession of very many documents related to the Superintendent search. The consultant provided some initial things for the EPS website when the process started — a timeline, for example. In short, there is no application files by the Superintendent – there are no responsive documents.

Colleen M. Mejia, Esq. SPR25/2367; SPR25/2368 Page 3 August 26, 2025 No Duty to Create Records Under the Public Records Law, the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Accordingly, where the City has confirmed that it does not possess the requested records, and has no duty to create records responsive to the requests, I will now consider these administrative appeals closed. Ms. Beckta is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Joan Beckta