Alicia Chouinard v. Fall River, City of - Office of the City Clerk (SPR 20232544)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 7, 2023 SPR23/2544 Alison Bouchard City Clerk City of Fall River One Government Center Fall River, MA 02722 Dear Ms. Bouchard: I have received the petition of Alicia Chouinard, Esq., of MG+M The Law Firm, appealing the response of the City of Fall River (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 18, 2023, Attorney Chouinard requested: [1] …building permits listed in document N-04-0029 FY 2017-2023 from the City Assessor’s office, and all documents related thereto (dates of building permits also listed below), specifically: 1. 8/17/2021 – Renovate 2. 6/23/2021 – re-roof 3. 10/12/2007 – gut-ren 4. 4/25/2003 – windows 5. 4/25/2003 – Rehab 6. 2/23/2001 – Re-Roof 7. 10/16/2000 – Renovate [2] [A]ll documents related to the Activity information listed in the same FY 2017-2023 documents from the City Assessor’s office (dates and results also listed below): 1. 9/14/2011 – permit visit 2. 6/14/2011 – abate review 3. 4/20/2010 - measured 4. 1/23/2009 - meas/lst unf 5. 8/6/2007 – meas/lst unf 6. 7/6/2006 - permit visit 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 Bouchard SPR23/2544 Page 2 November 7, 2023 On September 1 and September 6, 2023, Attorney Chouinard sent follow-up emails to the City Clerk’s Office regarding her August 18th request for records. On September 7th, the City responded to Attorney Chouinard, stating, “I have reached out to the Building Inspector’s Office to follow up on your request. Should you wish to follow up directly, please contact . . . Project Specialist…” On September 29, 2023, Attorney Chouinard emailed the City, asserting, “…[w]e have yet to receive a reply from the Building Inspector’s Office…” Again, on October 10, 2023, Attorney Chouinard emailed the City requesting a status update on her request. Ms. Bouchard responded on October 10th, “I am sorry that you have not received a response to date. I have followed up with . . . as well, and will get back to [you] with any information received.” After not receiving a response to her August 18th request for records, Attorney Chouinard petitioned the Supervisor of Records and this 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 municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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. Timeliness of Response The City is advised that it is required to adhere to the timeframe for responding to a public records request, based in the Public Records Law. See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the

Alison Bouchard SPR23/2544 Page 3 November 7, 2023 request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein). Where Attorney Chouinard’s request was made on August 18th, and to date the City has not provided a response, nor records responsive to Attorney Chouinard’s request, I find that the City has not met its burden in responding to the August 18th request. Consequently, I find the City must provide an estimated date as to when it intends to provide the outstanding records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the City is ordered to provide Attorney Chouinard with a response to her request in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Alicia Chouinard, Esq. cc: Brenda Beaudry