Kayo Mullins v. Marlborough, City of - City Clerk (SPR 20170703)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 26, 2017 SPR17/703 Lisa M. Thomas City Clerk City of Marlborough 140 Main Street Marlborough, MA 01752 Dear Ms. Thomas: I have received your petition on behalf of the City of Marlborough (City) seeking an extension of time to furnish copies of a requested record, or any portion thereof, or in the alternative, relief from its obligation to produce responsive records. G. L. c. 66 § lO(c); see also 950 C.M.R. 32.06(4). The City is also seeking to charge more than $25.00 per hour. G. L. c. 66, § 10( d)(iv). As required by law, the City furnished a copy of this petition to the requester. G. L. c. 66, § lO(c), (d)(iv)(2). Kayo Mullins of WatersKraus, LLP requested building permits from 1990 through 1996 relating to "disaster remediation work" involving a specific company. In an email dated May 25, 2017, you explain "I have spoken to Kayo Mullins at WatersKraus and he has granted the City an extension to complete the public records request. Accordingly, I withdraw our petition and a determination is no longer needed." Accordingly, I find that in light of the requestor's agreement for additional time as well as the City's withdrawal of the petition, I find it is unnecessary to opine on the City's petition. See G. L. c. 66 § lO(b )(vi) ("the requestor may voluntarily agree to a response date beyond the timeframes set forth herein"). The City is advised it must provide the records in a manner consistent with the Public Records Law and its Access Regulations. The requestor may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~UUJ-- Rebecca S. Murray Supervisor of Records cc: Kayo Mullins One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us