Collin Dias v. Fall River, City of - Office of the City Clerk (SPR 20220389)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 2, 2022 SPR22/0389 Alison M. Bouchard City Clerk City of Fall River One Government Center 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). On December 23, 2021, Mr. Dias requested: 1. All work orders, contracts, or agreements signed off by Mayor Coogan for any road or sidewalk construction done on Plymouth Avenue on November 2, 2021; and 2. All work orders, contracts, or agreements signed off by Mayor Coogan for any road or sidewalk construction done on Anthony Street, Progress [S]treet, or Stafford Road on November 2, 2021. Prior appeal The requested records were the subject of a prior appeal. See SPR22/0098 Determination of the Supervisor of Records (Supervisor) (January 25, 2022). The prior appeal was opened due to a nonresponse by the City to the December 23rd request. I closed SPR22/0098 due to the City’s intent to provide Mr. Dias with a response. The City provided responses on February 8th and February 15th. As a result of the responses, Mr. Dias petitioned the Supervisor, and the current appeal was opened. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or town of 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, City Clerk SPR22/0389 Page 2 March 2, 2022 the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Current appeal On February 8, 2022, the City informed Mr. Dias, “[u]nfortunately, there is no information that this office or the City Council Office can provide with regard to your public records request.” Your response also indicates that the City Clerk’s Office followed-up with the City’s Corporation Counsel and the Director of Community Maintenance. On February 15th, John Perry, the City’s Director of Community Maintenance asserted: “[t]he contracts in question are managed through the Engineering Department. Although all contracts require the signature of the city’s mayor the mayor himself does not actively manage the contract and associated work, the management of said contracts is the responsibility of the city’s engineer and that Director of Community Maintenance. On the date in question the city had not yet filled the vacant position of city engineer, therefore the sole responsible party at the time was myself to which I can unequivocally state that at no point did the mayor or I discuss and/or request any changes to or movement of contractor’s work for that particular day or any other day.” As a result of the City’s February 15th response, Mr. Dias petitioned the Supervisor, and the current appeal was opened. In his February 17th petition, Mr. Dias asserts, “…the [C]ity responded with a statement from John Perry, basically acknowledging the requested records existed and were under his control, along with the control of the [C]ity engineer. However in the [C]ity’s response they did not provide me with the said records.” The City’s February 15th response addressed the request for any contracts regarding road or sidewalk construction on Plymouth Avenue, Anthony Street, Progress Street or Stafford road on November 2, 2021. However, it is unclear whether the City has work orders and/or agreements for that date. I find that the City must clarify that 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.

Alison M. Bouchard, City Clerk SPR22/0389 Page 3 March 2, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Collin Dias