ENSE PETIT PLACIDAM SVB LIBERTATE QVIETEM
http://en.wikipedia.org/wiki/Seal_of_Massachusetts
The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
Alan N. Cote
Supervisor of Records
October 24, 2007
SPR07/256
Mr. Jeff Conley
Boston Finance Commission
http://cityofboston.gov/budget/pdfs/volume3_2008/13_NonMay_dep.pdf
152 North Street
Boston MA 02109
jeff.conley at cityofboston.gov
This office has received a petition appealing the lack of
response from the Boston Finance Commission (Commission) to a request
for public records.
GL c66 s10b 2006 ed. (Supervisor of Public Records has authority to
resolve public records appeals); 950 CMR 32.08(2) (appeal process)
http://www.sec.state.ma.us/pre/preidx.htm
Specifically requested "the last annual report and the Governor's
transition briefing report for the Boston Finance Commission."
This office believes that all records made or received by a
governmental body, officer or employee of the Commonwealth are public
and must be provided upon request.
Subject to redaction, the requested documents are public records.
(There is a presumption that all governmental records are public
records). GL c66 s10c 2006 ed.;
950 CMR 32.08(4)
A custodian shall, at reasonable times and without
unreasonable delay, permit a public record, or any segregable portion
of a record, to be inspected and examined by any person, and furnish
one copy upon payment of a reasonable fee. GL c66 s10a 2006 ed.
A custodian is required to maintain procedures to avoid
unreasonable delays and to allow inspection and copying by any person
during regular business hours. 950 CMR 32.05(1)
A custodian of a public record shall within ten days following
receipt of a request for inspection or copy of a public record, comply
with such request. GL c66 s10b 2006 ed.
On October 3, 2007, Ms. Joanne Shallow, a member of my staff,
spoke to you by telephone.
At that time you indicated that while you have responded in the past,
you no longer respond to requests.
You further stated that you routinely delete email messages without
reading them.
To date, the Commission has not responded to the request.
The outrageous response of the Commission to a request raises
serious concerns with regard to the Commission's record management
practices, and its ability to properly respond to requests for public
records.
A custodian of records has an affirmative duty to maintain
records made or received in the normal course of his or her
duties. GL c66 s6, 17, and 17c 2006 ed.;
GL c66 s15 2006 ed. (penalties for violation of the Public
Records Law)
Deleting or destroying public records that may be subject to long-term
retention is a violation of GL c66 s15, and may subject you to
penalties and fines.
While greatly concerned with the Commission's inability to
properly respond the request in a timely manner, as well as its
destruction of governmental records, this office is not empowered to
prosecute persons on behalf on the Commonwealth for violations of the
law.
Given that you never opened the email request, you are unaware of the
content of the request.
This office strongly recommends that you respond properly to
requests for public records, as dictated by statute and regulation.
While an appeal pursuing the administrative remedy is not possible in
this case, a requester does have a right to proceed with a judicial
remedy, as this office shares concurrent jurisdiction with
Superior Court.
Accordingly, this appeal is closed.
Very truly yours,
Alan N. Cote
Supervisor of Records
The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
Alan N. Cote
Supervisor of Records
One Ashburton Place 17th Floor
Boston, Massachusetts 02108
617 727-2832
617 727-5914 fax
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
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