Hed Ehrlich v. Brockton, City of - Building Department (SPR 20190749)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 12, 2019 SPR19/749 James Casieri City of Brockton Building Department 45 School Street Brockton, MA 02301 Dear Mr. Casieri: I have received the petition of Hed Ehrlich, Esq. of the Justice Center of Southeast Massachusetts appealing the response of the City of Brockton (City) - Building Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Ehrlich requested: "all plans, applications, permits, notes, reports, written communications, documents, or photographs relative to any plans, permits, inspections, complaints, or any other procedure concerning the following property: 374 West Elm Street, Brockton, MA 02301." The Department provided an April 9, 2019 response informing Attorney Ehrlich, "[t]he fee is $1. 00 per page found whether it is emailed or paper copies." This same day, Attorney Ehrlich requested that the records be emailed, if possible. ot\ As a follow-up response on April 1 Elizabeth LaCombe in the Department stated, "[t]he fee for what I've collected is $21.00. You can either come to City Hall with a check and collect the information, or you can mail me a check and when received, I will email them to you." Attorney Ehrilich petitioned the Supervisor of Records (Supervisor) on April 10th, to appeal the Department's fees, as non-compliant with the requirements under the Public Records Law. As a result, the Supervisor opened an appeal. In an April 11, 2019 email, Attorney Ehrlich informed this office, "I am glad to report that this matter has resolved to our satisfaction. I hereby withdraw our appeal." 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

James Casieri SPR19/740 Page2 April 12, 2019 Accordingly, where Attorney Ehrlich has withdrawn his appeal, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Hed Ehrlich, Esq. Philip C. Nessralla, Jr., City Solicitor