Michael Maroney, Esq. v. Fall River, City of - Building Department (SPR 20253428)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2025 SPR25/3428 Brenda Beaudry Department of Inspectional Services City of Fall River One Government Center, Room 524 Fall River, MA 02722 Dear Ms. Beaudry: I have received the petition of Michael T. Maroney, Esq., of Holland & Knight LLP, 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 21, 2025, Attorney Maroney requested the following records “concerning [an identified] property located at . . . Oliver Street, Fall River, MA. . .[:]” [1] All applications submitted to the City for purposes of construction or building permitting at the Property[;] [2] All documents evidencing the City Zoning Board’s approval of applications for construction or building on the Property[;] [3] All documents evidencing Certificates of Inspection for the Property from 1964 to present[;] [4] All documents evidencing annual inspections by City employees of the Property[;] [5] All written and electronic correspondence with, or internally about, the Property[;] [6] Copies of City meeting minutes and/or recordings relating to applications for building or construction on the Property[;] [7] All documents concerning the fire alarm systems at the Property[;] [8] All documents concerning the sprinkler system at the Property[;] [9] All documents evidencing violations of any code or ordinance on the Property[;] [10] Copies of documents evidencing the total dollar amount in violation fines accrued by owners of the Property since 1964[;] [11] All documents reflecting re-applications for Certificate of Inspections by owners following findings of non-compliance with City code[;] 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

Brenda Beaudry SPR25/3428 Page 2 December 4, 2025 [12] All documents containing guidance on partnerships with third parties for the inspection of properties for compliance with City and State laws[;] [13] All documents concerning any product recall of sprinklers. The City responded on August 21, 2025. Unsatisfied with the City’s response, Attorney Maroney petitioned this office, and this appeal, SPR25/3428, was opened as a result. 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); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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. The City’s August 21st Response In its August 21, 2025 response, the City provided numerous pages of records. Current Appeal In his appeal petition, Attorney Maroney states that “several categories of documents sought in the Public Records Request are within the Building Inspector’s control, but were not provided.” Specifically, he contends, “given the Building Inspector’s role in conducting inspections, reviewing and approving permits, and enforcing the state building code, it is highly likely that, at a minimum, the documents sought in [Items]. . . 1-6 and 9-11 [of the request] are within the custody and control of the [City]. As an example of the City’s “[failure] to produce public records within its control or otherwise meet its burden to justify withholding the requested records,” Attorney Maroney notes that the City did not provide any records responsive to Item 4 of his request despite “the Building Inspector’s legal duties [involving] . . . routine inspections of City buildings to evaluate compliance with the state building code.”

Brenda Beaudry SPR25/3428 Page 3 December 4, 2025 Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. It is my understanding that there is pending civil litigation in the Massachusetts Superior Court relating to the records that are the subject of Attorney Maroney’s request. See Croley, Michael P. vs. Gabriel Care LLC D/B/A Gabriel House Assisted Living Facility et al. (Bristol Superior Court Docket No. 2573CV00675). This office has reviewed the trial court’s docket and verified that the civil litigation is active and ongoing in Bristol Superior Court. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Michael T. Maroney, Esq.