Christopher Weeks v. Framingham, City of - City Clerk (SPR 20252170)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 1, 2025 SPR25/2170 Paul J. Iversen Records Access Officer City of Framingham 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Christopher Weeks appealing the response of the City of Framingham (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 25, 2025, Mr. Weeks requested: [1] Mayor’s Office [and] ADA Complaints: All communications between myself, . . ., and the Mayor’s Office from January 1, 2021–present. This includes all messages to or from Mayor … Chief of Staff … or any other authorized agent, in any capacity related to: Sidewalk plowing and accessibility concerns raised in Winter 2022; My ADA rights under federal law; My complaints related to disability-based discrimination; My public safety concerns involving access, exposure, or retaliation by city departments; Any record of meetings, directives, policies, legal advice, or correspondence stemming from or responding to those ADA complaints. [2] City Legal and ADA Coordinator Involvement: All communications between: The City of Framingham’s Legal Department; The ADA Coordinator or any agent acting on ADA-related issues; The Mayor’s Office; The Framingham Police Department; …relating to ADA complaints or incidents involving . . ., including but not limited to sidewalk accessibility, service dog issues, trespass enforcement, or internal policy discussions. [3] United Way Food Pantry Trespass Coordination: All emails, text messages, or documents between: The United Way Food Pantry Management or Staff; The Framingham Police Department; The City’s ADA Coordinator or Legal Department; The Mayor’s Office; …specifically concerning the trespass issued against . . . at or near the United Way property, including any mention of his 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

Paul J. Iversen SPR25/2170 Page 2 August 1, 2025 disability, service dogs, housing status, or ADA rights. [4] Mental Health [and] Behavioral Health Coordination … All communications (emails, texts, reports, or internal notes) involving [an identified individual] (mental health liaison referenced in a June 12, 2024 email from Deputy Chief …), including: Communications with Framingham Police, ADA Coordinator, or United Way staff; Any documents or internal notes referencing . . . or efforts to refer him to mental health support or services. [5] Communications Between Framingham [and] Ashland Officials: All communications, including text messages and emails, between: Framingham Police Department and: Ashland Police Department Officers; Town Manager [four identified individuals]; …relating to . . ., his service dogs, or his housing status. This includes discussions about trespass orders, harassment complaints, inter-agency coordination, or communications that mention ADA issues or perceived advocacy actions by . . . [6] Animal Control Communications: All text messages, emails, memos, or internal notes between: Framingham Animal Control Officer; … Ashland Animal Control Officer …; …relating to . . ., his service dogs, any reports or complaints involving him, and any action coordinated between Framingham and Ashland agencies. Timeframe: January 1, 2022 through present. This specifically includes all text messages on official city-issued phones, including cell phones used for law enforcement or animal control purposes. Previous Appeal This request was the subject of a previous appeal. See SPR25/2031 Determination of the Supervisor of Records (July 23, 2025). In my July 23rd determination, I learned that the City provided Mr. Weeks with a supplemental response on July 23, 2025. Unsatisfied with the City’s response, Mr. Weeks petitioned this office, and this appeal, SPR25/2170, was opened as a result. Subsequently, the City provided responsive records on July 28, 2025. Current Appeal In his appeal petition, Mr. Weeks demands “[t]he City of Framingham be ordered to produce all responsive records in full…” The City’s July 28th response In its July 28, 2025 response, the City provided responsive records to the request.

Paul J. Iversen SPR25/2170 Page 3 August 1, 2025 No Duty to Create Records Please note that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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). In a telephone call between a staff attorney of the Public Records Division and the City on August 1, 2025, the City confirmed that it has no additional responsive records to Mr. Weeks’ request. Conclusion Where the City confirmed that it does not possess additional records responsive to Mr. Weeks’ request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Weeks is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Weeks