DiTullio Agostino, Diane v. Quincy, City of - Mayor's Office (SPR 20140692)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 16, 2014 SPR14/692 Mr. Tom Fabrizio Constituent Services Quincy City Hall 1305 Hancock Street Quincy, MA 02169 Dear Mr. Fabrizio: I have received the petition of Diane Ditullio Agostino appealing the nonresponse of the City of Quincy (City) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Ditullio Agostino requested a copy ofher original letter, submitted to the Mayor's Office, delivered on or about March 16 or 17, 2014. Having received no response, Ms. Ditullio Agostino petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § 1O (b ); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The City is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, this office was notified that despite a diligent search, Ms. Ditullio Agostino's letter could not be found. The City stated that if the original letter was located, it would be provided to Ms. Ditullio Agostino. I find the City has failed to comply with its burden to respond in writing to a request for public records. Accordingly, the City is hereby ordered, within ten (10) days to respond to Ms. Ditullio Agostino's request, in compliance with this order and the Regulations. This administrative appeal is now closed. Superviso cc: Ms. Diane Ditullio Agostino OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre