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Brian DeLacey v. Malden City Clerk's Office (SPR 20210677)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to provide records · Filed 03-19-2021

ClosedAppealPetitioner Won

SPR 20210677 is a Massachusetts Public Records Law appeal filed by Brian DeLacey concerning records held by Malden City Clerk's Office, opened 03-19-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to provide records.

Case Details

Case Number
20210677
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Brian DeLacey
Custodian
Malden City Clerk's Office
Date Opened
03-19-2021
Date Closed
04-01-2021
Response Provided Date
03-10-2021
Time to Comply
Ten (10) Business Days

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 1, 2021 SPR21/0677 Gregory Lucey Office of the City Clerk City of Malden 110 Pleasant Street Malden, MA 02148 Dear Mr. Lucey: I have received the petition of Brian DeLacey appealing the response of the City of Malden Office of the City Clerk (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 24, 2021, Mr. DeLacey requested: “…email sent from, or received by, two email accounts: cspadatora@cityof malden.org; bmurphy @cityofmalden.org; spanning, the time from 10/15/2020 to [the date of this request]; excluding, any email received from the following domains or addresses: @seeclickfix.com; @maldenchamber.org; @mma.org; @dor.stae.ma.us or other email involving DLS Alert; and, pbucciero@CITYOFMALDEN.ORG.” The City provided certain of the records pertaining to Mr. DeLacey’s request; however, he indicated in his March 18, 2021 petition that the City may not have provided all the emails responsive to his request. Therefore, he petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his March 18th petition, Mr. DeLacey indicated that while he did receive records from the City on March 8th and March 10th pertaining to additional records that are the subject of his request, Mr. DeLacey asserts that, “[n]ot all of Spadafora’s email…is provided.” Subsequent to the opening of this appeal, a Senior Attorney in the Public Records Division was informed that the City would conduct another diligent search and provide a further response to Mr. DeLacey relative to any additional records subject to his request. 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

Gregory Lucey SPR21/677 Page 2 April 1, 2021 Conclusion Accordingly, the City is ordered to provide Mr. DeLacey 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: Brian DeLacey