Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20252685)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 23, 2025 SPR25/2685 Collen 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 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 July 9, 2025 Ms. Beckta requested “[w]ritten documentation that no structural damage was found on the roof of the old high school and that gives the go-ahead to start putting the new roof on…. If a company was hired to assess the state of the building under the roof, please send me their report[.]” Prior Appeal This request was the subject of a previous appeal. See SPR25/2589 Determination of the Supervisor of Records (September 11, 2025). In my September 11th determination, I closed the appeal in light of the City providing Ms. Beckta with a response on September 2, 2025. Unsatisfied with the City’s response, Ms. Beckta petitioned this office, and this appeal, SPR25/2685, 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. 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. SPR25/2676 Page 2 September 23, 2025 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 September 2nd Response On September 2, 2025, the City provided a responsive document. Current Appeal In her September 10, 2025 appeal to this office, Ms. Beckta stated, “I want in writing from the city that they have no docs responsive to my request. I want it in writing that they did not put a contractor-reporting requirement in the contract. . . Again, yes, I would like them to have to say ‘no docs’ if there are no reports on the ongoing constructions, no reports from the contractor what, if anything, they found up there, etc.” Based Ms. Beckta’s appeal and the City’s response, it is unclear if the City possesses any additional records responsive to the 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desire information. See 950 C.M.R. 32.04(5). Consequently, the City must clarify whether any additional responsive records exist. 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 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).

Colleen M. Mejia, Esq. SPR25/2676 Page 3 September 23, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta