Colman Herman v. Framingham, City of - Mayor's Office (SPR 20181307)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 12, 2018 SPRlS/1307 Mr. Mike Tusino Records Access Officer City of Framingham- Mayor's Office 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Mr. Tusino: I have received the petition from Colman Herman appealing the nonresponse of the City of Framingham (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Originally, Mr. Herman made a public records request on August 15, 2018 to the City for the Mayor's expense records. The City provided Mr. Herman with responsive records on August 23, 2018. Subsequently, Mr. Herman requested hard copies of the documents. Mr. Herman then appealed to this office contending the City did not provide him with a response to his request. Appeal Mr. Herman is requesting hard copies of documents since he was unable to open the electronic documents provided to him by the City on August 23rd. 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), (b)(ii). Also, the duty to comply with requests for records 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, § IO(b) (iii). The City stated in an email August 28, 2018 to Mr. Herman that they placed "a hardcopy of the records to the address you provided." Accordingly if the City has not done so already, it is ordered to review the requests made and provide Mr. Herman with any requested records 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. If unresolved issues remain, Mr. Herman may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). 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

Mr. Mike Tusino SPR18/1307 Page2 September 12, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Colman Herman