Mark J. Esposito, Esq. v. Boston, City of - Mayor's Office (SPR 20160263)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 2, 2016 SPR16/263 Mr. George Bahnan Boston City Hall 1 City Hall Square Boston, MA 02201 Dear Bahnan: I have received the petition of Mark Esposito appealing the nonresponse of the City of Boston (City) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Esposito requested records regarding a specifically identified audit. Having received no response, Mr. Esposito 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. 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 has been prepared and will be provided. Whereas this matter was opened based upon the City's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that the response is provided within ten (1 0) days. Mr. Esposito may appeal the substantive nature of the City's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. George Bahnan SPR16/263 Page 2 May 2, 2016 In addition, members of my staff will visit a records c stodian in person to conduct training workshops on the Public Records Law upon request. lease contact my office directly at the telephone number provided in this determination-~ urt information. er 1 cc: Mr. Mark Esposito