Matta, Ronald v. Brockton, City of - Office of the Mayor (SPR 20140260)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 27,2014 SPR14/260 Mr. Ronald P. Matta 29 Breer Street Brockton, MA 02301 Dear Mr. Matta: This office has received your petition appealing the response of the City of Brockton (City) to your request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested a list of all discrimination cases, with amounts paid, that were filed against the City within the past ten years. While the City did provide you with a response to your request, it did so as a result of the intervention of this office. By failing to initially provide you with a response, the City failed to satisfy its burden with respect to the timeliness requirement of the Public Records Law. A request for public records must be met with a written response within ten (1 0) calendar days ofthe request. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.05. It is my understanding that this request was identical to a prior request that you made to the City, and for which you received a copy of a responsive record. Please be advised that your duplication of a prior request may have contributed to the City's failure to properly respond to this most recent request. In its May 5, 2014 response to this request, the City provided you with copies of the two records responsive to your request. The first responsive record includes a list of all discrimination cases from 2004 through 2013, and the second responsive record provides a list of cases from 2007 through 2014 that include payment amounts. In a May 19, 2014 telephone conversation with an attorney on my staff, Paralegal Patricia Florio stated that the City holds no additional records responsive to your request. According to Ms. Florio, the City holds no responsive list that provides any additional breakdown of payment amounts. Ms. Florio suggested that you may wish to consider making a records request for information regarding a specific case should you seek more OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Ronald P. Matta SPR14/260 Page Two May 27,2014 detailed information with respect to a particular matter. This office will rely on Ms. Florio's representation that the City holds no additional responsive records. See Konover Mgt. Corp. v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (the strong presumption that a public official will perform honestly and impartially and will properly discharge the duties of his office in the public interest). Whereas the City has provided you with copies of records responsive to your request, this administrative appeal is closed. cc: Mr. Phillip Nessralla, Jr.