Justin Nigrelli v. Lawrence, City of - Office of the City Clerk (SPR 20252492)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 5, 2025 SPR25/2492 Eileen O’Connor Bernal Lawrence City Clerk City Clerk’s Office 200 Common Street, Room 107 Lawrence, MA 01840 Dear Ms. O’Connor Bernal: I have received the petition of Justin Nigrelli, of the Lawrence Firefighters IAFF Local 146, appealing the response of the City of Lawrence (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 28, 2025, Mr. Nigrelli sought the following related to “city contract #7345 ‘Lawrence General Hospital – Ambulance Services’”: [1] Number of BLS ambulances in services at 0700 hours, 1500 hours, and 2300 hours every day from 1/1/2021 to 4/28/25[;] [2] Number of ALS (double paramedic) ambulances in service at 0700 hours, 1500 hours, and 2300 hours every day from 1/1/21 to 4/28/25[;] [3] Monthly number of 911 BLS calls for service in Lawrence for each month in 2021, 2022, 2023, 2024 and 2025[;] [4] Monthly number of 911 ALS calls for service in Lawrence for each month in 2021, 2022, 2023, 2024 and 2025[;] [5] The number of 911 calls in Lawrence each month from January 2021 to May 2025 that required mutual aid ambulances from any of the following fire departments: Methuen, North Andover, Andover, Salem NH, Middleton, North Reading[;] [6] The number of 911 calls in Lawrence each month from January 2021 to May 2025 that were responded to by any of the following ambulance companies: [nine identified companies], or any other private ambulance service … 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

Eileen O’Conner Bernal SPR25/2492 Page 2 September 5, 2025 [7] Every date in which the contractor was not able to fulfill the staffing requirements of 3 BLS and 2 ALS ambulances at any period of time in such a 24 hour day[;] [8] As per section 8, each “quarterly report on response times, unit availability, missed calls, back-up services, and mutual aid use,” from January 1, 2021 to May 1, 2025[;] [9] As per section 15, any notes or reports from the quarterly meetings between the Fire Chief (or designee) and Director, Pre-Hospital EMS (or designee). Previous Appeal This request was the subject of a previous appeal. See SPR25/1900 Determination of the Supervisor of Records (July 9, 2025). In my July 9th determination, I found that the City did not meet its burden in responding to the request in accordance with G. L. c. 66, § 10(b) and ordered the City to respond to the request within ten (10) business days. The City responded on August 21, 2025. Unsatisfied with the City’s response, Mr. Nigrelli petitioned this office and this appeal, SPR25/2492, 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). 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 August 21st Response In its August 21, 2025 response, the City provided an Excel Spreadsheet with the requested data and stated, “…the Lawrence Fire Dept has detailed records for the information requested beginning in 2022. They did not track this information in 2021 and therefore it has not

Eileen O’Conner Bernal SPR25/2492 Page 3 September 5, 2025 been provided…We do not have records regarding much of what the petitioner is requesting. Lawrence General Hospital provides Ambulance Service for the City. They are not part of the City of Lawrence. They are an independent not-for-profit corporation. Their records are not in the possession of the city.” Current Appeal In his August 21, 2025, petition to this office, Mr. Nigrelli stated the following: I am not satisfied with the response, as it very limitedly answers only one of the documents that I requested. If you are to look at the contract between the City of Lawrence and Lawrence General Hospital “Contract 7345”, Section 28 of General Provisions states, “At any time during normal business hours, and as often as the City may deem it necessary, there shall be made available to audit, examine, and make excerpts or transcripts of, all records, contracts, invoices, materials, payrolls, records, or personnel conditions of employment and other data relating to all matters covered by this Contract.” With that provision in mind, the City has full access to all of the documents that I have requested. Acknowledging M.G.L. c. 66, § 10, public records include not only what a government body physically holds, but also records that the government has the right to access or obtain. With that being said, while Lawrence General Hospital is a separate entity, all information regarding the provisions of their contract, including staffing, call volume etcetera falls under the City of Lawrence’s custody and control. Agency Relationship Please be advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Additionally, public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). The City is advised that where a public entity contracts with a third party to fulfill its public duties, and the public entity exercises control over that third party, an agency relationship is created. See Fifty-one Hispanic Residents of Chelsea v. Sch. Comm. of Chelsea, 421 Mass. 598, 607 (1996) (while subject to control of a public entity as a principal for purposes of performing public duties, private university is a public agent). Wherever a record custodian keeps original public records in a location other than the government building, the custodian has a duty to make the public records available in a location convenient to the general public for inspection and copying.

Eileen O’Conner Bernal SPR25/2492 Page 4 September 5, 2025 In this case, where it appears that Lawrence General Hospital has acted as an agent on behalf of the City, it is unclear whether the records for the City’s agents were searched. As such, I find that the City must provide additional information detailing its search in order to determine if the City has met its burden under G. L. c. 66, § 10(a)(ii) to provide records that are in the possession, custody, or control of the custodian of records at the time of the request. Conclusion Accordingly, the City is ordered to provide Mr. Nigrelli 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. Mr. Nigrelli may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Justin Nigrelli