Peter Blandino v. Quincy, City of - Office of the City Clerk (SPR 20252904)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 17, 2025 SPR25/2904 Brenda G. Fernandez Public Records Coordinator City of Quincy Office of the City Clerk 1305 Hancock Street Quincy, MA 02169 Dear Ms. Fernandez: I have received the petition of Peter Blandino, of the Patriot Ledger, 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 September 18, 2025, Mr. Blandino requested the following: [1] Communications between [an identified individual] of NERE.COM and Quincy’s department of municipal finance, including former Municipal Finance Director, [an identified individual]. [2] Communications between [an identified individual] of NERE.COM and the mayor’s office. The City responded on September 18, 2025. Unsatisfied with the response, Mr. Blandino petitioned this office and this appeal, SPR25/2904, 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 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 SPR25/2904 Page 2 October 17, 2025 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. 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. Current appeal In his appeal, Mr. Blandino states, “[o]n Thursday, Sept. 18, I sent the records request below to Quincy’s public records officer ... The 10 business days allotted by law have passed, and I have still not received a response from the city.” The City’s September 18th response In its September 18, 2025 response, the City stated, “[w]e are currently processing your request and will respond in accordance with applicable public records laws. Please note that the City Clerk’s Office is committed to transparency and timely communication. If additional information is needed or if there are any updates regarding your request, we will contact you directly.” 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 Mr. Blandino’s request was originally submitted on September 18, 2025, and the City has not provided responsive records, I find the City has not met its burden in responding to

Brenda G. Fernandez SPR25/2904 Page 3 October 17, 2025 the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the City must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Blandino 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. Blandino 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: Peter Blandino