C.J. Ferry v. Fall River, City of - Office of the Corporation Counsel (SPR 20160721)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 20, 2016 SPR16/721 Mr. Joseph I. Macy, Esq. City of Fall River - Corporation Counsel One Government Center Fall River, MA 02722 Dear Attorney Macy: I have received the petition of C. J. Ferry, Host and Executive Producer of Spindle City Straight Talk appealing the response of City of Fall River (City) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Mr. Ferry requests that all documents be provided in electronic format if available. Finally, Mr. Ferry requests that any fees associated with his request be waived. Specifically, Mr. Ferry requested four categories ofrecords: 1. A copy of records of violations for failure to use Pay as You Throw Bags since May 1, 2016 2. A copy of records of violations appealed and overturned, found not guilty or nolle prosequi by the Housing Court and the rationales for their non-enforcement or findings against the violations against the City of Fall River. 3. A copy of records of violations that have been paid since May 1, 2016 and the revenue generated from those violations. 4. A copy ofrecords for outstanding violations in the City Clerk's Office to date for failure to utilize Pay as You Throw bags, including the outstanding balances that have remained unclaimed. City response and Mr. Ferry's appeal The City responded to Mr. Ferry's request in the form of a fee estimate for provision of the responsive records. In a September 6, 2016 email to this office Mr. Ferry appealed the City's response to his request for records. In particular, Mr. Ferry states his belief that the records need not be complied, as the records are, in his view "already in existence at the request of City Councilors." Further, Mr. Ferry objects to the City providing a person to assist Mr. Ferry in his in-person review of the records, as he never requested such review. Finally, Mr. Ferry objects to 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. SPR16/721 Page 2 September 20, 2016 the City's lack of response with respect to his request that records be provided in electronic format if available. Order In a September 20, 2016 telephone conversation you indicated your willingness to review Mr. Ferry's request and provide a revised response. I wish to thank you for your cooperation both with me and my staff with respect to this matter. Accordingly, I will consider this administrative appeal closed with the proviso that the City prepare a revised response, prepared in a manner consistent with this order, the Public Records Law and its Regulations. The response must address each of the four categories of records requested, indicate whether an electronic record exists, and provide a revised fee estimate. 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 re sec.state.ma.u . cc: Mr. C. J. Ferry