Jeanne L. Holmes-Kireilis v. Brockton, City of - Law Department (SPR 20210555)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 22, 2021 SPR21/0555 Allison M. Cogliano, Esq. Assistant City Solicitor Law Department City of Brockton 45 School Street - City Hall Brockton, MA 02301 Dear Attorney Cogliano: I have received the petition of Attorney Jeanne Holmes-Kireilis 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). On July 18, 2020 and July 19, 2020, Attorney Holmes-Kireilis requested four categories of records; three categories pertaining to the FY21 budget from July 1, 2019 to present. One category of requested records for the same time period pertains to “any and all records, including documents, emails … provided on behalf of the City of Brockton … to either send and or receive communication, in conducting any city related business …” for named custodians, but including “[a]ll other city employees, vendors or agents …” Previous Determinations The requested records were the subject of a previous petition and subsequent appeals. See SPR20/1292 Determination of the Supervisor of Records (August 10, 2020); SPR20/1922 Determination of the Supervisor of Records (October 22, 2020); SPR20/2282 Determination of the Supervisor of Records (December 8, 2020); and SPR21/0319 Determination of the Supervisor of Records (February 19, 2021). In my February 19th determination, I found City’s fee estimate had not sufficiently explained why the indicated amount of time is necessary for producing the requested records. The City was ordered to provide Attorney Holmes-Kireilis with a response, in a manner consistent with the order, the Public Records Law and its Regulations. The City provided said response on March 5, 2021. Unsatisfied with the City’s response, Attorney Holmes-Kireilis petitioned this office and this appeal, SPR21/0555, was opened as a result. 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

Allison M. Cogliano, Esq. SPR21/0555 Page 2 March 22, 2021 Conclusion Subsequently, the City provided a response on March 22, 2021 to Attorney Holmes- Kireilis. This office continues to encourage Attorney Holmes-Kireilis and the City to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). If after subsequent communications outstanding issues remain, Attorney Holmes-Kireilis may file a further appeal. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jeanne Holmes-Kireilis, Esq.