Collin Dias v. Fall River, City of - Office of the Corporation Counsel (SPR 20181226)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 15, 2018 SPRlS/1217; SPR18/1221-SPR18/1226 Jessica Adler, Esq. Assistant Corporation Counsel City of Fall River One Government Center Fall River, MA 02722 Dear Attorney Adler: I have received the petitions of Collin Dias appealing the responses of the City of Fall River (City) to requests for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Mr. Dias made several requests that correspond to the following responses from the City and appeals with this office, specifically: a June 27, 2018 request and response on July 9, 2018 (SPR18/1217); a June 28, 2018 request and response on July 10, 2018 (SPR18/1221); a June 25, 2018 request and response on July 5, 2018 (SPR18/1222); a June 25, 2018 request and response on July 5, 2018 (SPR18/1223); a June 26, 2018 request and response on July 5, 2018 (SPR18/1224); a May 26, 2018 request and responses on June 12, 2018 and July 9, 2018 (SPR18/1225); and an April 15, 2018 request and responses on May 2, 2018 and July 2, 2018 (SPRl 8/1226). The City informed this office that on July 13, 2018 Mr. Dias sent an email to the City indicating "I wish to inform your offices that I will not be making any future records requests with the city, for now. I will still any collect and pay fees for records that are all ready to be collected. Which I will do in the coming days. Any records requests which you have not yet responded to, and which are not under any appeal are also hereby withdrawn." In a July 16, 2018 email you indicate that in light of this July 13th email, "this office considers this email a waiver of everything filed to date and will provide no further responses." Mr. Dias submitted the above-referenced appeals on August 1, 2018 and August 2, 2018. It is my understanding that none of the requests that are the subjects of these appeals were "under any appeal" on July 13t\ the day Mr. Dias submitted his email indicating he was withdrawing such requests. As a result, in light of Mr. Dias's July 13th email and the City's July 16th email, it is my determination that Mr. Dias must re-submit these requests if he wishes to continue to pursue obtaining the 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

Jessica Adler, Esq. SPR18/1217; SPR18/1221-SPR18/1226 Page 2 August 15, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Collin Dias