Tammy Ives v. Pittsfield, City of - City Clerk (SPR 20220365)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 22, 2022 SPR22/0365 Michele M. Benjamin City Clerk City of Pittsfield 70 Allen Street Pittsfield, MA 01201 Dear Ms. Benjamin: I have received the petition of Tammy Ives appealing the response of the City of Pittsfield (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Ms. Ives requested any complaints from the City’s drivers that take care of Sadler Avenue about trailers parked along the right away of the grass, outside her property. As a result of the City’s February 14, 2022 response, Ms. Ives petitioned the Supervisor and this appeal was opened. Based on the City’s response, it remains unclear if the City possesses any records responsive to Ms. Ives’ request. 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 accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Conclusion Accordingly, the City is ordered to provide Ms. Ives 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. Ms. Ives may appeal the substantive nature of the response within 90 calendar days. See 950 C.M.R. 32.08(1). 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

Michele M. Benjamin SPR22/0365 Page 2 February 22, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Tammy Ives