David Sullivan v. Revere, City of - Office of the City Clerk (SPR 20170847)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 10, 2017 SPR17/847 Ashley Melnik City Clerk City of Revere 281 Broadway Revere, MA 02151 Dear Ms. Melnik: I have received the petition of David A. Sullivan, Esq. appealing the response of the City of Revere City Clerk (City) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Sullivan's client requested all emails and text messages sent or received by an identified individual to and from multiple others spanning from January 1, 2016 to May 1, 2016. Previous appeal This request was the subject of a previous appeal. See SPR17/291 Determination of the Supervisor of Records (March 7, 2017). I closed SPR17/291 with the proviso that the City provide a supplemental response to this request. The City sent a response on March 7, 2017 in which it provided a fee estimate for the provision of records. Having not received responsive records, Attorney Sullivan appealed and SPR17/ 84 7 was opened as a result. Current appeal In his appeal petition, Attorney Sullivan indicates his client paid the estimated fee amount. Attorney Sullivan explains the City Clerk acknowledged receipt of the check in an email on March 30, 2017 and indicated "the responsive records would be provided late May or early June 2017." Attorney Sullivan asserts that despite paying the fee, his client has yet to receive the responsive records. 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

Ashley Melnik SPR17/847 Page 2 July 10, 2017 I understand a Public Records Division staff attorney contacted you about this matter. You indicated the City is working to produce the responsive records, and will, where applicable, provide records on a rolling basis. Conclusion Accordingly, I will consider this appeal closed with the proviso that the City provide a written response to Attorney Sullivan, made in accordance with the Public Records Law, its Access Regulations and this order without delay. This response may include the provision of records and must provide a timeframe for the production of any remaining responsive records. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: David A. Sullivan, Esq.