Ryan, James v. Everett, City of - Office of the City Clerk (SPR 20261070)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 6, 2026 SPR26/1070 Sergio Cornelio City Clerk City of Everett 484 Broadway, Room 10 Everett, MA 02149 Dear Mr. Cornelio: I have received the petition of James P. Ryan 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 February 21, 2026, Mr. Ryan requested “the 2008 File . . . on the excavation, water main and water meter replacement at [an identified] former home at . . . Liberty Street.” The City responded on February 27, 2026. Unsatisfied with the City’s response, Mr. Ryan petitioned this office and this appeal, SPR26/1070, 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. 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

Sergio Cornelio. SPR26/1070 Page 2 April 6, 2026 The City’s February 27th Response In its February 27, 2026 response, the City provided a link to the City’s online public records request portal and asked Mr. Ryan to “please use the [provided] link to submit a request for all the records [he is] seeking from the City[.]” The City further advised that it “[wants] to ensure that we understand the specific records [Mr. Ryan is] seeking.” Current Appeal In his March 24, 2026 appeal petition, Mr. Ryan states that he has “received no response at all from the City” beyond its above February 27, 2026 correspondence, and requests that the Supervisor order the City “to provide the File.” Pursuant to 950 C.M.R. 32.06, “requests for public records may be made orally in person to a records access officer or custodian or may be written. . . . [W]ritten requests may be delivered by a requester to the business address or designated website or email address of a records access officer or custodian: 1. by hand; 2. by mail; 3. by electronic mail; or 4. by facsimile, if custodian has facsimile access.” See 950 C.M.R. 32.06(a), (c). Where Mr. Ryan submitted his request via electronic mail, the City may not require him to resubmit the request using the City’s online public records request portal. The duty to comply with a request 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). The City must clarify whether it possesses records responsive to Mr. Ryan’s request. To the extent that records exist, I find the City must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. Conclusion Accordingly, the City is ordered to provide Mr. Ryan with a response to his request, in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Sincerely, Manza Arthur Supervisor of Records cc: James P. Ryan