Brian DeLacey v. Malden, City of (SPR 20190807)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 2, 2019 SPR19/0807 Lisa Cagno Department RAO Council Office Department City of Malden 110 Pleasant Street Malden, MA 02148 Dear Ms. Cagno: I have received the petition from Brian DeLacey appealing the response from the City of Malden (City) regarding a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on March 7, 2019, Mr. DeLacey requested "the slide presentation presented by Councilor John Matheson at public meeting held on June 27, 2018." Previous Appeals This appeal was subject of a previous appeal. See SPR 19/0643 Determination of the Supervisor of Records (December 11, 2018). I closed SPR19/0643 by ordering the City to provide Mr. DeLacey with a response to his request, provided in a manner consistent with the order, the Public Records Law and its Regulations without delay. In a letter dated April 17, 2019, the City provided Mr. DeLacey a response. Unsatisfied with this response, Mr. DeLacey petitioned this office and as a result SPRl 9/0807 was opened. Additional responsive records ih In the City's April 1 response letter to Mr. DeLacey, the City indicated they "asked both Mrs. Lisa Cagno and Councilor John Mathenson for a copy of the June 27, 2018 slide presentation." The City also stated "[t]o date I have not been provided with a copy of the slide presentation, thus I am unable to fulfill your request." The City informed Mr. DeLacey if they "receive a copy of the slide presentation I will forward a copy to you." 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. 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

Lisa Cagno SPR19/0807 Page 2 May 2, 2019 L. c. 66, § lO(a)(ii) (written response must "identify any public records or categories of public records sought that are within the possession, custody, or control of the agency"). Although the City asserts in its response that they "asked both Mrs. Lisa Cagno and Councilor John Mathenson for a copy of the June 27,2018 slide presentation," it remains unclear whether the City possesses the slide presentation Mr. DeLacey contends exists. If the City maintains that the responsive record no longer exists, it must explain in writing its justification under the Public Records Law and the Massachusetts Statewide Records Retention Schedule for destroying the records. See G. L. c. 66, § lO(a)(i). Order Accordingly, the City is ordered to provide Ms. DeLacey with a response to the request, or the requested records providing they exist, in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Brian DeLacey