Deborah Butler v. Framingham, City of (SPR 20190923)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 23, 2019 SPR19/923 Todd Palmer Framingham City Clerk 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Todd Palmer: I have received the petition of Deborah Butler appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on December 27, 2018, Ms. Butler requested a "list of members on Veteran council given to Jim Haddadin" and an "order promised to Jim Haddadin." Previous Appeal This appeal is the subject of a previous case. See SPR19/147 (February 6, 2019). I closed this case with the understanding that the City provided Ms. Butler with all available records responsive to her request on January 14, 2019. In an email dated January 23, 2019, the City stated, "I am attaching the screen shot of the e-mail that was sent to you in response to your Request 2018-4232. It was sent to you on January 14, 2019." Current Appeal In a letter to this office dated May 9, 2019, Ms. Butler states, "[t]his email serves as notice that I wish further review of my public records request (SPR19/0147). The document that I requested in my original records request was not been provided to me. I am still awaiting what MWDN Reporter Jim Haddadin described as 'the appointment letter she [Spicer] submitted to the City Council earlier this year."' Please be advised, 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 of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Although the City provided a response on January 14, 2019, it is unclear if the City possesses any other records responsive to Ms. Butler's request. 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

Todd Palmer SPR19/923 Page 2 May 23, 2019 Order Accordingly, the City is ordered to provide Ms. Butler with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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: Deborah Butler