Richard C. Bardi v. Malden, City of - Office of the City Solicitor (SPR 20181418)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 9,2018 SPR1811418 Kathryn M. Fallon, Esq. Office of the City Solicitor 200 Pleasant Street, Room 61 3 Malden, MA 02148 Dear Attorney Fallon: I have received the petition of Attorney Richard C. Bardi appealing the response of the City of Malden (City) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on September 14,2018, Attorney Bardi requested documents relating to a certain address. Current Appeal In an email dated September 20,2018 , in response to Attorney Bardi's letter, you state, "[tlhe Director of Malden Department of Public Works has furnished the attached photograph in response to FOIA request for the leak detection report" for the specified address. Unsatisfied with this response, Attorney Bardi petitioned this office and as a result, SPR1811418 was opened. In his petition to this office dated September 21,201 8, Attorney Bardi indicates it is his belief there are additional responsive records. The Public Records Law Please be advised, the Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, 5 lOA( d); 950 C.M.R. 32.03( 4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, Ij 7(26). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requesters in obtaining the desired information. See 950 C.M.R. 32.04(5). One Ashburton Place, Room 171 9, Boston, Massachusetts 0210 8 (6 17) 727-2832. Fax: (6 17) 727-59 14 sec.state.ma.us/pre pre@sec.state.ma.us

Kathryn M. Fallon, Esq Page 2 October 9,20 18 Although the City provided Attorney Bardi with a photograph of the subject area, it is unclear if the City possesses any other recards responsive to his request. Conclusion Accordingly, the City is hereby ordered to provide Attorney Bardi with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. 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: Richard C. Bardi, Esq.