John Femino v. Salem, City of - Legal Department (SPR 20251958)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 11, 2025 SPR25/1958 Joanne Roomey Records Access Officer City of Salem 93 Washington Street Salem, MA 01970 Dear Ms. Roomey: I have received the petition of John Femino appealing the nonresponse of the City of Salem (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 11, 2025, Mr. Femino requested records related to a specific address, “… from the middle of March 2025 forward to the present.” Specifically, Mr. Femino sought: [1] [R]ecords of the costs paid to the contractor for work on Broadway for this year thus far … [2] [R]ecords regarding decisions made by the city related to allowing a fence in the flood area behind [a specific address] … [3] [R]ecords for the reason from engineering that that department directed the contractor to partially enclosed Clover St … [4] [R]ecords for the reason why the conservation commission has not resolved the DEP case for [a specific address], yet the property has been up for sale for about 2 months … [5] [R]ecords for the building inspector conferring with the ZBA chair about the change of parking for [a specific address] … [6] [R]ecords from the City solicitor’s team about any decision or lregal advise [sic] to the different departments for [a specific address] and Clover St. On June 30, 2025, Mr. Femino additionally sought “[t]he costs of the new curbs and, sidewalks and driveways on Broadway.” Prior Appeals and Petition A similar request was the subject of prior appeals and a time petition. See SPR25/0899 Determination of Supervisor of Records (April 7, 2025), SPR25/0979 Determination of the 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

Joanne Roomey SPR25/1958 Page 2 July 11, 2025 Supervisor of Records (April 15, 2025), and SPR25/1451 Determination of the Supervisor of Records (June 3, 2025). In my June 3rd determination, I found that the City had not met its burden in responding to the request, and ordered the City to provide an estimated date as to when it intended to complete its review and provide the responsive records. Claiming to not yet have received responsive records, Mr. Femino petitioned this office and this appeal, SPR25/1958, was opened as a result. Subsequently, I learned that the City provided Mr. Femino with a supplemental response on July 10, 2025. 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. Femino may appeal the substantive nature of the City’s July 10th response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John Femino