Jocelyn Sedney v. Quincy, City of - Office of the City Clerk (SPR 20252482)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 29, 2025 SPR25/2482 Brenda G. Fernandez Public Records Coordinator City of Quincy 1305 Hancock Street Quincy, MA 02169 Dear Ms. Fernandez: I have received the petition of Jocelyn Sedney appealing the response of the City of Quincy (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 7, 2025, Ms. Sedney requested the following: [A]ny and all contracts or agreements regarding the appraisal or any effort to value the Quarry Hill golf course that is the subject of recent lease negotiations with the City. This request includes any and all agreements or contracts within the possession of the City whether entered into by the City or any other entity. In addition, please produce any correspondence between any person in Quincy City employ and any person associated with Quarry Hills. This request includes, but is not limited to, any written correspondence, any emails, and instant messages, any notes regarding the same. In addition, please produce any and all calendar entries for any City employees recording dates of times for meeting with any person associated with Quarry Hills. The City responded on July 14, 2025. Unsatisfied with the response, Ms. Sedney petitioned this office and this appeal, SPR25/2482, 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). 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

Brenda G. Fernandez SPR25/2482 Page 2 August 29, 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. If there are any fees associated with a response a written, good faith estimate must be provided. See 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 July 14th Response On July 14, 2025, the City stated, “[i]t has been received and will be sent to the appropriate departments.” Current Appeal In her August 20, 2025 petition to this office, Ms. Sedney stated, “I am appealing the failure of the City of Quincy to respond to a public records request.” 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 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 Ms. Sedney made her request on July 7, 2025, and the City has not provided the responsive records, I find the City has not met its burden in responding to Ms. Sedney’s request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find 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 the responsive records on a rolling basis.

Brenda G. Fernandez SPR25/2482 Page 3 August 29, 2025 Conclusion Accordingly, the City is ordered to provide Ms. Sedney with a response to the request, 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. Ms. Sedney 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: Jocelyn Sedney