Joseph Smeraldi v. Fitchburg, City of (SPR 20201219)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 3, 2020 SPR20/1219 Mark Barbadoro Building Department City of Fitchburg 166 Boulder Drive Fitchburg, MA 01420 Dear Mr. Barbadoro: I have received the petition of Joseph Smeraldi, Esq. appealing the nonresponse of the City of Fitchburg (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Smeraldi requested the public comments and audio recording of a ZBA hearing within the possession of the City. Claiming to not yet have received a 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’s request with a response sent on July 31, 2020. Whereas the basis of this appeal was opened as a result of the City’s lack of a written response, I will now consider this administrative appeal closed. Mr. Smeraldi may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Smeraldi, Esq. 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