Arthur G. Grenier v. Lawrence, City of - Office of the City Clerk (SPR 20211052)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 4, 2021 SPR21/1052 Damarys Ruiz City Clerk City of Lawrence 200 Common Street Lawrence, MA 01853 Dear City Clerk Ruiz: I have received the petition of Artie Grenier appealing the response of the City of Lawrence (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 21, 2021, Mr. Grenier requested records regarding an identified address, specifically, “CAD/Call Log; Written Police Reports (Incident, Arrest and/or other written reports) time frame: 1/1/2019 to the present please.” In an April 23, 2021 response, the City informed Mr. Grenier, “[w]e have changed the process to request public records.” The City provided instructions on how to use the City’s website procedure to request public records. As a result, Mr. Grenier petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Mr. Grenier objects to the City’s requirement that he re-submit his public records request via the City’s online portal by setting up an online account. Mr. Grenier posits that this requirement is not in compliance with the Public Records Law. The City is advised, “[a] request for public records may be delivered to the records access officer by hand or via first class mail at the record officer’s business address, or via electronic mail to the address posted by the agency or municipality that the records access officer serves.” See G. L. c. 66, § 10(a) (i)-(iii); see also 950 C.M.R. 32.06(1)(a)-(d). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Damarys Ruiz SPR21/1052 Page 2 May 4, 2021 Based on a communication between a Senior Attorney for the Public Records Division and a representative from the City, it is my understanding that the City intends to provide a response to Mr. Grenier. Conclusion Accordingly, the City is ordered to provide Mr. Grenier 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. Mr. Grenier may appeal the substantive nature of the City’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Artie Grenier