Joseph Smeraldi v. Fitchburg, City of - City Clerk (SPR 20200324)

The Commonwealth. of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 24, 2020 SPR20/0324 Mary de Alderete Fitchburg City Clerk 166 Boulder Drive, Suite 108 Fitchburg, MA 01420 Dear Ms. de Alderete: I have received the petition of Joseph Smeraldi appealing the response of the City of Fitchburg (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. Mr. 32.08(1). Specifically, Smeraldi requested several categories of records within the possession of the City. Claiming to not yet have.received a complete response, Mr. Smeraldi petitioned this office and this appeal was opened as a result. Subsequent to the request for an appeal, I learned that the City responded to Mr. Smeraldi request with a supplemental response sent on February 21, 2020. Whereas the basis of this appeal was opened as a result of the Office's lack of a complete response, I will now consider this administrative appeal dosed. Mr. Smeraldi may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records · cc: Joseph Smeraldi 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

Ghobrial, Andrew (SEC) From: Curry, Steve <SCurry@fitchburgma.gov> Sent: Friday, February 21, 2020 9:50 AM To: Joseph Smeraldi Cc: Mary de Alderete; SEC-DL-PREWEB Subject: RE: SPR20/0236 I have left the disc at the front counter of the Health Dept., in an envelope ... in case I am out of the office at your time of arrival. I have several different staff members covering the office, so its possible they may be unaware of the location of the envelope. It is visible and has your name on it. Inspector Bernard is out today so I will try to complete that portion of the request on Monday, if he returns. From: Joseph Smeraldi [mailto:joseph.a.smeraldi@gmail.com] Sent: Thursday, February 20, 2020 3:54 PM To: Curry, Steve <SCurry@fitchburgma.gov> Cc: Mary de Alderete <mdealderete@fitchburgma.gov>; pre@sec.state.ma.us Subject: Re: SPR20/0236 Thank you for the follow up. I agree to an additional extended response time. This is not a high priority action it just needs to be completed and not continuously ignored. I can pick up the disk from city hall tomorrow or next week. On Thu, Feb 20, 2020 at 2:36 PM Curry, Steve <SCurry@fitchburgma.gov> wrote: Mr. Smeraldi: Please find the attached response to you multiple request for information and records from the Health Dept. I have also included a copy of the e-mails sent on 2-19-20 regarding each property file mentioned on my response. Please let me know how to get the e-mail disc to you. Regards, Stephen D. Cun-y Director of Public Health City of Fitchburg 1

166 Boulder Drive-Suite108 Fitchburg, MA 01420 978-829-1870 978-829-1962 fax scurry@fitchburgma.gov 2

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 20, 2020 SPR20/0324 Mr. Joseph Smeraldi 18 Chestnut Street Fitchburg, MA 01420 Dear Mr. Smeraldi: I have received your letter appealing the response of the City of Fitchburg - City Clerk to your request for records. I have directed a member of my staff, Andrew Ghobrial, to review this matter. Upon completion of the review, I will advise you in writing of the disposition of this case. If in the interim you receive a satisfactory response to your request, please notify this office immediately. Any further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Mary de Alderete OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 · Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ghobrial, Andrew (SEC) From: Joseph Smeraldi <joseph.a.smeraldi@gmail.com> Sent: Wednesday, February 19, 2020 7:21 PM To: Hyland, Robert(SEC) Cc: mdealderete@fitchburgma.gov; SEC-DL-PREWEB Subject: Re: SPR20/0236 Determination I am yet again appealing the incomplete response from the City of Fitchburg on 18 Feb. I have not received any internal communication. I received only external letters and a list of actions. On Fri, Feb 14, 2020 at 10:07 AM Hyland, Robert (SEC) <robert.hyland@state.ma.us> wrote: Hello, Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx. If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us. Thank you, Robert Hyland Office of the Secretary of the Commonwealth Public Records Division One Ashburton Place, Room 1719 Boston, MA 02108 617-727-2832 1

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecoa S, Murray Supervisor ofR ecords Febrnary 14, 2020 SPR20/0236 Mary de Alderete Fitchburg City Clerk 166 Boulder Ddve, Suite 108 Fitchb11rg, MA 01420 Dear Ms. Alderete: I have received the petition of Joseph Smerali appealing the nonresponse of the City of Fitchburg (City) requests for public records. G. L. c, 66, § lOA; see also 950 C.M.R. 32,08(1). Specifically, Mr. Smerali submitted a request for a record within the possession of the City relating to health and sanitation. Claiming to not yet have received a response, Mr. Smerali petitioned this office and this appeal was opened as a result. Subsequent to the intervention by a staff member of the Public Records Division, I leamed that a representative from the City intends on providing a written response to Mr. Smerali to his respective request. Accordingly, the City is ordered to provide Mr. Smerali with a response made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of each response to this to this office at pre@sec.state.ma.us. Mr. Smerali may appeal the substantive nature of the City's response withit1 ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~.~ Supervisor of Records cc: Joseph Smerali 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