Spaulding, Corey v. Framingham, Town of - Inspectional Services (SPR 20150758)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 18, 2015 SPR15!758 Mr. Michael A. Tusino Director/Building Commissioner Town of Framingham Inspectional Services Department 150 Concord Street Framingham, MA 01702-8368 Dear Mr. Tusino: I have received the petition of Corey Spaulding appealing the response of the Town of Framingham Inspectional Services Department (Town) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Spaulding requested all information of the investigation conducted at 619 Central Street, as a result of her complaint, a copy of all photos including google earth satellite pictures. Ms. Spaulding also asks several questions; however a custodian is only required to produce records in response to a public records request. The custodian has no obligation to answer questions or conduct research and analysis. Subsequent to the opening of this appeal a member of my legal staff spoke with you to discuss any outstanding records that have not been provided to Ms. Spaulding. On December 8, you explained that after conferring with Michael McCarthy in your department again today, you believe that all the records responsive to the request have been provided. Further, you stated that you would be happy to search for additional records, if Ms. Spaulding would provide you with a list of the records she still seeks. Accordingly, the Town is hereby ordered, within ten (10) days ofthis order, to provide Ms. Spaulding with the written response regarding the records that have not been provided to her since her September 2015 request to Inspectional Services. If the Town maintains that any portion ofthe responsive records are exempt from disclosure it must, within ten (10) days provide to Ms. Spaulding a written explanation, with specificity, how a particular exemption applies to each record. 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. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Michael A. Tusino SPR15/758 Page Two December 18, 2015 If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § IO(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. cc: Ms. Corey Spaulding