Collin Dias v. Fall River, City of - Office of the City Clerk (SPR 20202076)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 9, 2020 SPR20/2076 Alison M. Bouchard City Clerk City of Fall River One Government Center; Room 227 Fall River, MA 02722 Dear Ms. Bouchard: I have received the petition of Collin Dias appealing the response of the City of Fall River (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dias requested: “…communications to [C]ity boards from the Buzzard Bay Coalition.” Mr. Dias received a response from the City on October 22, 2020, including a fee estimate. As a result of the City’s response, Mr. Dias petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his October 26, 2020 petition, Mr. Dias states, “I am not appealing the fee estimate, the fee estimate is very fair; however, I would have to make an appointment to enter [C]ity [H]all and spots are not always available…” During this office’s review of the appeal, you sent this office an October 26, 2020 email which Mr. Dias was copied on. In your email, you state, “…Fall River Government Center is currently operating by appointment due to the COVID-19 pandemic, in accordance with the Department of Public Health and Governor Baker’s orders. My office schedules appointments on a daily basis and to date, have had the ability to accommodate every request for an appointment. The records that I received from the Director of Community Utilities are in paper format. I am happy to mail the requested records upon receipt of payment.” Furthermore, on November 6, 2020, a Senior Attorney in the Public Records Division had a conversation with you regarding the City’s efforts to provide requestors with access to review records in person at the Clerk’s Office. This office was informed that the City provided Mr. Dias with an appointment to review or receive copies of the records; however, Mr. Dias did not keep the appointment. It is my understanding that the responsive records are still being held for pick-up by Mr. Dias, if he chooses to make a new appointment, or if he seeks to have the records mailed to him, after paying the assessed fees. 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

Alison M. Bouchard SPR20/2076 Page 2 November 9, 2020 In his petition, Mr. Dias has suggested that the City has the capability to scan the paper records to be sent electronically. It is unclear whether the City provided a fee for scanning the paper records in lieu of mailing the records. I find that the City should clarify this issue. Conclusion Accordingly, the City is ordered to provide Mr. Dias with a response to the request in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. 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: Collin Dias