C.J. Ferry v. Fall River, City of - Office of the Corporation Counsel (SPR 20160649)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 1, 2016 SPR16/649 Mr. Joseph I. Macy, Esq. City of Fall River Office of the Corporation Counsel One Government Center Fall River, MA 02722 Dear Attorney Macy: I have received the petition of C.J. Ferry of Spindle City Straight Talk appealing the nomesponse of the City of Fall River (City) to his August 8, 2016 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Ferry requested a copy of various reports, violations and revenue generated regarding "Pay as You Throw Bags" from May 1, 2016 to August 8, 2016 (date of request). It is my understanding that Mr. Ferry simultaneously made his request to the City Clerk, the Director of the Department of Community Maintenance (DCM), and your office. Having not received a full response from the City Mr. Ferry appealed. 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, § 10(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. 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. In a September 1, 2016 conversation, City Clerk Alison M. Bouchard explained that both she and the DCM Director had provided initial written responses and await response by Mr. Ferry. It is not clear whether the Law Department has yet replied to Mr. Ferry in writing. Ms. Bouchard further explained that it may be best for Mr. Ferry to make future written requests directly to your office to ensure prompt response. I wish to thank Ms. Bouchard for taking the time to speak with me regarding Mr. Ferry's appeal. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Joseph I. Macy, Esq. SPR16/649 Page2 September 1, 2016 Conclusion I find the City has yet to fully comply with Mr. Ferry's request. Accordingly, the City is hereby ordered to review Mr. Ferry's request and provide a complete written response without delay, prepared in a manner consistent with this order, the Public Records Law and its Regulations. It would be helpful for the City to indicate in this written response the contact information for a person designated by the City to receive, review and provide responses to requests for public records. A copy of any such response must be provided to this office. It is preferable to send an electronic copy ofthis response tot ·so Ice at pre@sec.state.ma.us. cc: Mr. C.J. Ferry