Blandino, Peter v. Quincy, City of - Office of the City Clerk (SPR 20260903)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2026 SPR26/0903 Brenda G. Fernandez Public Records Coordinator City of Quincy 1305 Hancock Street Quincy, MA 02169 Dear Ms. Fernandez: I have received the petition of Peter Blandino, of 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 February 12, 2026, Mr. Blandino requested: [1] The city’s contract with Schwartz/Silver architectural firm related to architectural design services the Adams Presidential Center/Performing Arts Center[.] [2] All charrettes submitted by architectural firms which applied for this contract. (Arrowstreet, Machado and Silvetti, Schwartz/Silver)[.] [3] Notes taken by members of the selection committee evaluating the applicants listed in [2]. [4] Invoices for all purchases, payments or other expenses related presidential center/performing arts center to date. The City responded on March 4, 2026 and March 5, 2026. Unsatisfied with the City’s responses, Mr. Blandino petitioned this office and this appeal, SPR26/0903, 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 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 SPR26/0903 Page 2 March 27, 2026 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. 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 March 4th and March 5th Responses In its first March 4, 2026 response, the City provided records responsive to Items 1 and 4 of the request. In its second March 4, 2026 response, the City provided records responsive to Item 3 of the request. In its March 5, 2026 response, the City provided additional records responsive to Item 3 of the request. Current Appeal In his appeal petition, Mr. Blandino stated: The [City] provided item number one in full. The city did not produce any records responsive to the second request or a reason why it hasn’t. I’ve checked in for a status update on this request, which also was not answered. The city provided notes taken by one member of the committee only. It was a five-member committee. The city has provided no records or response to item number 4. In a subsequent email to this office of March 13, 2026, Mr. Blandino clarified, “[t]he city did provide responsive records to item number four. Only two and three are incomplete.” Additional Records Based on the information provided in the appeal petition and the City’s responses, it is unclear whether the City possesses any additional records responsive to Items 2 and 3 of Mr. Blandino’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). Custodians are expected to use their superior knowledge of

Brenda G. Fernandez SPR26/0903 Page 3 March 27, 2026 the records in their custody to assist the requestor in obtaining the desired information. See 950 C.M.R. 32.04(5). The City must clarify this matter. 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 Meredith A. Marini