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Petie, Michelle v. Fitchburg, City of - City Solicitor (SPR 20150254)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 04-24-2015

ClosedAppealDecision

SPR 20150254 is a Massachusetts Public Records Law appeal filed by Petie, Michelle concerning records held by Fitchburg, City of - City Solicitor, opened 04-24-2015. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

Case Details

Case Number
20150254
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Petie, Michelle
Custodian
Fitchburg, City of - City Solicitor
Date Opened
04-24-2015
Date Closed
07-14-2015

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

July 14, 2015 SPR15/254

Mr. John B. Barrett, Esq.

City of Fitchburg — Law Department City Hall Offices

166 Boulder Drive

Fitchburg, MA 01420

Dear Attorney Barrett:

I have received the petition of Michelle Petit appealing the nonresponse of the City of Fitchburg (City) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Petit requested records regarding City personnel. Having received no response, Ms. Petit 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 (10) days of the request. G. L. c. 66, § 10(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 a response was provided, dated July 2, 2015. It is noted that various reports were provided as no one singular record existed in response to this request; a custodian is not required to create a record. Whereas this matter was opened based upon the City’s failure to provide a written response, I will now consider this administrative appeal closed. Ms. Petit may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(2).

Supervisor of Records

cc: Ms. Michelle Petie

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914

www.sec.state.ma.us/pre