Erica A. Scott v. Fall River, City of - Office of the City Clerk (SPR 20180747)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 6,2018 SPR181747 Alison M. Bouchard City Clerk Fall River- City Hall One Government Center Fall River, MA 02722 Dear Ms. Bouchard: I have received the petition from Erica A. Scott appealing the response from the City of Fall River City Clerk's Office (City) regarding a request for public records. G. L. c. 66, tj 10A; see also 950 C.M.R. 32.08(1). Originally, Ms. Scott sent a letter to the City on April 23, 201 8 -- requesting records pertaining to the contracts between the "Watuppa Water BoardICity of Fall River and Benn Water & Heavy Transport, Inc. /Clear River Energy Center (CREC)/Clear River Energy, LLC (CRE) Anvenergy since December 2017 to the present." Also Ms. Scott requested records concerning a payment from Benn Water to the City in March 201 8. The City responded on May 8,2018 to Ms. Scott providing her with requested records. The City also informed Ms. Scott that there were no responsive records related to the continuation or renegotiation of the contract she was inquiring about in her April 23rdr equest. Ms. Scott in an email on May 8,2018 made an appeal to this office stating the City "failed to provide [Ms. Scott] with either a complete response to [her] Public Records Request made April 23,2018 or a written explanation of why [her] request was unfulfilled." On May 22,2018, the City provided Ms. Scott with a complete response stating that all requested records have been provided to her. Ms. Scott appealed to this office the City's May 22,201 8 response. Appeal Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, tj 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, tj 1O (b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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 of records at the time of the request. See G. L. c. 66, 5 lO(a)(ii), (b)(ii). Also, the duty to comply with requests for 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

Ms. Alison M. Bouchard Pg. 2 June 6,201 8 extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, 5 lO(b)(iii). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, 5 10(b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific see exemption or exemptions upon which the withholding is based.. ."); 950 C.M.R. 32.06(3); also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 5 11 (1995) (custodian has the burden of establishing the applicability of an exemption). In an email on May 23,2018, Ms. Scott asks the City to provide her with "all public records relating to the topic of the water sale contract, not just the contract itself, from Dec. 201 7 to present." The City and Ms. Scott have been in communication to provide Ms. Scott with the documents she has been seeking. In an email on May 30 201 8, the City tells Ms. Scott they "have minutes of meetings of the City Council Committee on Health and Environmental Affairs held on December 18,2017 and April 23,201 8." The City also possesses emails sent to and from the City Council Secretary related to those committee meetings which the City will make available to Ms. Scott if needed. The City explains to Ms. Scott that there were minor changes within the language of the contract but "[tlhere are no emails or written documentation that can be provided and the contract was not renegotiated." Ms. Scott via an email on May 3 1,2018 confirms that she has received the documents. Based on the dialogue between Ms. Scott and the City, the City has confirmed it has provided all responsive records in its possession to Ms. Scott thereby fulfilling her request. G. L. c. 66, 5 lO(b)(ii), (b)(iii). Conclusion Accordingly, the City has met its burden in responding to Ms. Scott's public records request under G. L. c. 66, 5 10(b)(ii), (b)(iii). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Erica A. Scott