Gerrit Blauvelt v. North Adams, City of - City Administrator (SPR 20202031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 4, 2020 SPR20/2031 Jessica Lincourt Records Access Officer City of North Adams 10 Main Street North Adams, MA 01247 Dear Ms. Lincourt: I have received the petition of Gerrit Blauvelt appealing the response of the City of North Adams (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Blauvelt requested meeting minutes from the North Adams Airport Commission, including from the period 1989-90 and 1995-2004. The City responded on October 15, 2020, providing records responsive to portions of Mr. Blauvelt’s request, and indicating that it does not possess others. Unsatisfied with this response, Mr. Blauvelt petitioned this office and this appeal, SPR20/2031, was opened as a result. Current Appeal In its responses to Mr. Blauvelt, the City provides Airport Commission minutes from 1960-62, and indicates that it does not possess additional minutes from the requested years, including 1989-90 and 1995-2004. In an October 26, 2020 email to this office, the City explains that after a search, it is unable to locate these records. In an October 14, 2020 email to Mr. Blauvelt, a representative from the Commission states that “[i]t was not necessary back then to keep copies of the airport minutes[.]” 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, § 10(a)(ii). In light of the issues raised in Mr. Blauvelt’s appeal regarding the existence of responsive records, and despite the City’s responses, I find it is unclear why additional responsive records have not been provided; specifically, the City must explain whether responsive records existed and were destroyed, or whether the records did not initially exist. See G. L. c. 66, § 10(a)(ii), (b)(ii). If such records were destroyed, the City must demonstrate whether it followed proper records retention protocol. Please note, the City must institute safeguards to ensure that all records are retained in accordance with both applicable law as well 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

Jessica Lincourt SPR20/2031 Page 2 November 4, 2020 as the retention schedules promulgated by this office. G. L. c. 66, §§ 1, 8, 13, 15. I advise the City to review the Records Retention Manual, available online at www.sec.state.ma.us/arc/arcrmu/rmuidx.htm. Conclusion Accordingly the City is ordered to provide a response to Mr. Blauvelt clarifying whether the requested records existed, and if so, demonstrate that they were permissibly destroyed. This response must be made in accordance with the Public Records Law, its Access Regulations and this order within ten (10) business days. 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: Gerrit Blauvelt