Berardino, Stephen v. Everett, City of - Office of the City Clerk (SPR 20261250)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 16, 2026 SPR26/1250 Sergio Cornelio City Clerk City of Everett 484 Broadway, Room 10 Everett, MA 02149 Dear Mr. Cornelio: I have received the petition of Stephen Berardino 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 March 20, 2026, Mr. Berardino requested the following: [1] Any Internal Affairs investigation reports, summaries, or findings maintained by the Everett Police Department in which [an identified individual] was the subject during [their] employment with the department[;] [2] Any complaints, investigative narratives, interview summaries, witness statements, investigative memoranda, or related materials contained within those Internal Affairs files[;] [3] Any records, memoranda, investigative summaries, or other documents created in connection with any Internal Affairs investigation, administrative review, or disciplinary review concerning [an identified individual][;] [4] Any final findings, determinations, recommendations, or disciplinary dispositions associated with those investigations or reviews[;] [5] Any Internal Affairs reports, summaries, correspondence, or related records concerning [an identified individual] that were provided to, requested by, or shared with the Revere Police Department in connection with a background investigation or review of [an identified] License to Carry Firearms application[;] Subsequently, in an email to the City on the same date, Mr. Berardino modified his request to include the following sixth Item: 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. SPR26/1250 Page 2 April 16, 2026 [6] . . . [A]ny police reports, incident reports, or related records maintained by the Everett Police Department in which [an identified individual] [is] identified as a party or subject, including any such records created after the conclusion of [their] employment with the department. Previous Appeal This request was the subject of a previous appeal. See SPR26/1243 Determination of the Supervisor of Records (April 6, 2026). In my April 6th determination, I closed SPR26/1243 in light of the City providing a response on April 6, 2026, which included responsive records. Unsatisfied with the City’s response, Mr. Berardino petitioned this office, and this appeal, SPR26/1250, 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. Status of the Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Berardino’s interest in obtaining the records shall have no bearing on the public nature of the records.

Sergio Cornelio. SPR26/1250 Page 3 April 16, 2026 The City’s April 6th Response In its April 6, 2026 response, in four separate emails “[d]ue to the size of the documents[,]” the City provided approximately forty pages of redacted records. Current Appeal In his April 6, 2026 appeal to this office, Mr. Berardino objects to the City’s response and states, “[c]ertain categories of requested records do not appear to have been provided, including any records of communications between the Everett Police Department and the Revere Police Department related to [an identified individual’s] background investigation and License to Carry application.” He additionally contests the redactions of the records provided by the City and states, “no explanation was provided identifying the specific exemptions relied upon[.]” Mr. Berardino additionally notes in his appeal that he has “submitted a follow-up request to the City . . . regarding the existence of additional responsive records . . .” Modified Request Upon review of the appeal file, it is my understanding that following the City’s April 6, 2026 response, Mr. Berardino modified the scope of his request in an email to the City on the same date. The modified April 6, 2026 request sought the following: [1] Please confirm whether the Everett Police Department created any witness statements, interview summaries, or recorded interviews (audio, video, or written) in connection with the Internal Affairs investigation concerning [an identified individual]. If any such records exist, please produce them[;] . . . [2] . . . [P]lease confirm whether the Everett Police Department is in possession, custody, or control of any records, correspondence, or communications with the Revere Police Department related to any background investigation or review concerning [an identified individual], including but not limited to [an identified] License to Carry application. This includes, but is not limited to: [a] Emails (including internal emails forwarding or discussing such communications)[;] [b] Letters[;] [c] Attachments[;] [d] Requests for information[;] [e] Responses or materials provided to the Revere Police Department[;] If any such records exist, please produce them[;] . . . [3] Please also confirm whether the Everett Police Department is in possession, custody, or control of any police reports, incident reports, or similar records in which [an identified individual] [is] identified as a subject, excluding any records related to the Internal Affairs investigation already produced and excluding any matters arising during [their] employment with the department. This request is

Sergio Cornelio. SPR26/1250 Page 4 April 16, 2026 limited to any such records created prior to or after [their] employment. If any such records exist, please produce them. Conclusion Given the modifications to Mr. Berardino’s original request, I find it unnecessary to address the issues raised in his appeal at this time. This office encourages Mr. Berardino and the City to continue to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Accordingly, the City is ordered to provide Mr. Berardino with a response to his modified April 6, 2026 request in a manner consistent with 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. If issues remain unresolved, Mr. Berardino may appeal the substantive nature of the City’s response to his modified request within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Stephen Berardino