Michael Simard v. Lawrence, City of - Office of the City Clerk (SPR 20240794)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 26, 2024 SPR24/0794 Eileen O’Connor Bernal City Clerk City of Lawrence 200 Common Street, 1st Floor, Room 107 Lawrence, MA 01840 Dear Ms. Bernal: I have received the petition of Michael Simard appealing the nonresponse of the City of Lawrence (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 29, 2024, Mr. Simard requested: [1.] Contracts. All documents internal reports, correspondence, public and private emails, memos, messages, and communications between [two identified individuals], relative to all contracts and agreements entered into by and between the City of Lawrence (City) and [an identified individual]. Said documentation shall include [the identified individual’s] tenure under a “Volunteer” status with the [Mayor’s Office] and all documents related to the grant and scope of authority permitting [an identified individual] to act on behalf of [an identified individual]. 2. Stipends. All documents, internal reports, correspondence, public and private emails, memos, messages, or communications relative to any Stipends provided to [an identified individual] under [an identified individual’s] administration. This includes an Account Annexed and audit of all amounts tendered, dates, and reasons, therefore.” 3. Chief of Staff salary. All documents, internal reports, Employee Action Form (EAF), correspondence, public and private emails, memos, messages, or communications relative to [an identified individual’s] employment as [an identified individual’s] Chief of Staff, to include the salary rate of the Chief of Staff position at the time of [the identified individual]’s assumption of the position and all subsequent salary raises, amounts, dates, etc. 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

Eileen O’Connor Bernal SPR24/0794 Page 2 March 26, 2024 4. Acting/Provisional Chief of Police Salaries. All documents, internal reports, Employee Action Form(s), correspondence, public and private emails, memos, messages, or communications relative to [an identified individual’s] appointment from Chief of Staff to his assignment as Chief of Police of the Lawrence Police Department, along with any documentation relative to the basis provided by [an identified individual] for promoting [an identified individual] to said respective assignments. 5. Police Chief Application. All documents, internal reports, correspondence, public and private emails, memos, messages, and communication(s) between [an identified individual], the City, and [an identified individual] relative to [an identified individual’s] employment application submitted to the City for the position of City of Lawrence Chief of Police, including [an identified individual’s] resume, cover letter, training, certifications, background, education, and law enforcement experience representations provided to the City by [an identified individual], and upon which the City relies as the basis for consideration to said position. Claiming to not yet have received responsive records, Mr. Simard petitioned this office and this appeal, SPR24/0794, was opened as a result. Subsequently, I learned that the City provided Mr. Simard with a response dated February 8, 2024. Where this appeal was opened as a result of the City’s lack of a written response, I will now consider this administrative appeal closed. Mr. Simard may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael Simard