Joan P. Beckta v. Everett City Clerk (SPR 20252584)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 11, 2025 SPR25/2584 Sergio Cornelio City Clerk City of Everett 484 Broadway Everett, MA 02149 Dear Mr. Cornelio: I have received the petition of Joan P. Beckta appealing the response of the City of Everett (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 14, 2025, Ms. Beckta requested, “[t]he annual reports from Encore, per Section 2(B) of the Agreement between Everett and Wynn, that provide information on employee of Everett residents by the casino/hotel and Project tenants.” The City responded on August 27, 2025. Unsatisfied with the City’s response, Ms. Beckta petitioned this office and this appeal, SPR25/2584, 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. 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

Sergio Cornelio SPR25/2584 Page 2 September 11, 2025 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 27th Response In its August 27, 2025 response, the City stated: Per the MGC quarterly report for January 2025 (which is reflective of Q4 2024), Encore Boston Harbor’s total staffing figure is 3,429 members. Of this total figure, 48% (1,662) are considered “local hires.” These local hires are broken down as follows: - Everett - 472 (accounts for ~14% of total staff) - Malden - 444 (accounts for ~13% of total staff) - Boston - 395 (accounts for ~12% of total staff) - Cambridge - 34 (accounts for ~1% of total staff) - Chelsea - 107 (accounts for ~3% of total staff) - Medford - 98 (accounts for ~3% of total staff) - Somerville - 112 (accounts for ~3% of total staff) Current Appeal In her appeal petition, Ms. Beckta stated: My request is for the actual reports outlined in the 2013 Host Agreement, page 8, Section 2(B)… [The response] only gives a few figures for 2025. It is not the actual report for any year. I will not be satisfied with just the numbers typed into some document, I want the actual reports Encore was supposed to send to the city, at least for 2019, when the casino opened, to 2025. I am also interested in the documentation that is supposed to be sent with, and considered part of, the report. Based on the City’s response, it is unclear whether the City possesses the “annual reports” responsive to Ms. Beckta’s request. 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). To the extent that the referenced records exist, I find the City must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the City is ordered to provide Ms. Beckta 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

Sergio Cornelio SPR25/2584 Page 3 September 11, 2025 preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Beckta 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: Joan P. Beckta