Jeanne L. Holmes-Kireilis v. Brockton, City of (SPR 20191300)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

July 3, 2019 SPR19/1300

Aileen C, Bartlett, Esq.

Assistant City Solicitor

City of Brockton Law Department 45 School Street

Brockton, MA 02301

Dear Attorney Bartlett:

[have received the petition of Jeanne L. Holmes appealing the response of the City of Brockton (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on March 2, 2019, Ms. Holmes requested certain records “pertaining to Brockton emergency parking bans and all winter parking bans from September 1, 2018 through March 2, 2019.” On March 3, 2019, Ms. Holmes modified her request to extend the time period from September 1, 2018 through March 4, 2019,

On March 14, 2019, the City provided Ms. Holmes with a fee estimate for 3.5 hours of search and compilation of the responsive records at $25 per hour, totaling $87.50. The City informed Ms. Holmes that it can provide the records electronically via email where possible, or provide the records on a compact disc to avoid the charges for paper copies. As a result of the

amount of the estimate, Ms. Holmes petitioned the Supervisor of Records (Supervisor), and SPR19/583 was opened.

The responsive records were the subject of prior appeals. See SPR19/583; SPR19/796 and SPR19/960 Determinations of the Supervisor of Records (April 2, 2019; May 2, 2019 and May 20, 2019), At the time of my May 20" determination, it was unclear whether Ms, Holmes’ May 13” email to the City was an attempt to modify her original request. After my May 20" determination, Ms. Holmes informed this office that she was attempting to modify the original request to reduce the estimate. The City’s July 1‘ response indicates that it was unclear to the City upon review of the May 13" email, that the scope of the original March 2"? and March 3 requests were being modified. Consequently, the City decided to provide all the records in the original request while waiving all applicable fees.

On July 1, 2019, the City provided all the records responsive to Ms. Holmes’ original request, with the exception of her Requests Numbered 5 and 7 as the City has no documents

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

Aileen C. Bartlett, Esq. SPR19/1300 Page 2 July 3, 2019

responsive to those two requests. The City waived all Public Records Law fees in providing the

responsive records. Your July letter notes, “[p]lease be advised that the City reserves the right to assess reasonable fees for the cost of responding to public records requests...this letter shall not

constitute a waiver of fees assessed in response to future public records requests.”

Conclusion

Accordingly, where the City provided the records responsive to Ms. Holmes’ original March requests, I will consider this administrative appeal closed.

Uheceo.

Kolrecco S. Murray Supervisor of Records

cc: Jeanne L. Holmes