Randall Cohen v. Framingham, City of - Mayor's Office (SPR 20180297)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 22, 2018 SPRlS/297 Ms. Nichol M. Figueiredo Public Information Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Ms. Figueiredo: I have received the petition of Mr. Randall Cohen appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Cohen requested records related to vehicles in use by city employees. Unsatisfied with the City's response, which he claims was incomplete, Mr. Cohen petitioned this office and this appeal was opened as a result. In his original request, Mr. Cohen requested records detailing how funds seized in civil forfeiture were spent by the City. Mr. Cohen contends the City's response, dated March 19, 2018, fails to respond to this part of his original request. Use of custodian's superior knowledge Additionally, in their response dated March 19, 2018, the City indicates that they are in possession of "no records responsive·to [Mr. Cohen's] request" for "the total budget for [take home vehicles]." Mr. Cohen indicated that to him, this "seems false." In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in his custody to assist the requester in obtaining the desired information. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). An RAO must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § lO(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). 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

Ms. Nichol Figueiredo . SPR18/297 Page 2 March 22, 2018 It is my understanding that a Public Records Division staff member contacted you about this matter and you indicated your willingness to provide Mr. Cohen with a supplemental response. Conclusion Accordingly, the City is hereby ordered to provide a response to Mr. Cohen without delay. Said response shall be made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Cohen may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Mr. Randall Cohen