Maggie Mckee v. Quincy, City of - Office of the City Clerk (SPR 20252909)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 16, 2025 SPR25/2909 Brenda G. Fernandez Records Access Officer City of Quincy 1305 Hancock Street Quincy, MA 02169 Dear Ms. Fernandez: I have received the petition of Maggie Mckee appealing the response of the City of Qunicy (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 20, 2025, Ms. Mckee requested, “all invoices and work produced in the Rodophele spreadsheet.” The City responded on September 3, and September 11, 2025. Unsatisfied with the responses, Ms. Mckee petitioned this office and this appeal, SPR25/2909, 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. 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 SPR25/2909 Page 2 October 16, 2025 The City’s September 3rd and September 11th Responses In its September 3, 2025 response, the City stated, “[t]he invoices you have requested will require a search of our warrant records. Warrant invoices are maintained as paper documents. Thus, the search of those records will require time spent by one or more employees to locate the particular invoices you now seek. I estimate…this search will take approximately eight hours…I have therefore calculated that this search will cost $210.72, which represents 6 times the hourly rate of the lowest compensated capable employee…” In its September 11, 2025 response, the City stated, “[p]er our conversation this morning, I am forwarding the records requested, and I will be destroying your check…” In a September 11, 2025 email communication to the City, Ms. Mckee reiterated her request, “for the work produced from all these invoices.” In a September 11, 2025 email communication to Ms. Mckee, the City stated, “[t]his is to confirm receipt of your public records request submitted to the City Clerk’s Office on September 11, 2025. We are currently processing your request and will respond in accordance with applicable public records law…” In a September 19, 2025 email communication to the City, Ms. Mckee stated, “[j]ust checking in about the work produced by [an identified individual]. I requested this on August 20.” Current Appeal In her October 2, 2025 petition to this office, Ms. Mckee stated, “I’m writing to appeal the City of Quincy’s failure to provide me with the work produced by [an identified individual]…On August 20, 2025, I requested the invoices and work produced by [an identified individual], but while the invoices were provided to me on Sept. 11, 2025, the work product was not. On Sept. 11, I asked again for the work product and received a confirmation of my email request but nothing further. On Sept. 19 I followed up again by email but have received no response…” Based on Ms. Mckee’s petition and the City’s responses, it is unclear whether the City possesses additional responsive records. 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). Consequently, the City must clarify whether it possesses additional responsive records. Conclusion Accordingly, the City is ordered to provide Ms. Mckee 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

Brenda G. Fernandez SPR25/2909 Page 3 October 16, 2025 preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Mckee 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: Maggie Mckee