2012 Commission Review
| Submitted | July 21, 2013 |
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Communications
From: Barry Rafkind
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
The first email exchange involving the City Solicitor's office concerning the review of commissions starting in early 2012 that was mentioned by then-mayoral spokesman Tom Champion in the May 2012 SJ article titled "Somerville commission accuses City Hall of retaliation".
Article link : http://www.wickedlocal.com/somerville/news/x364599400/Somerville-commission-accuses-City-Hall-of-retaliation
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.
Sincerely,
Barry Rafkind
From: Frank Wright
I am out of the office until Tuesday, July 23rd. If you need assistance in my absence please call the City of Somerville Law Department at (617) 625-6600, ext. 4400. Thank you.
From: Jason Grossfield
Dear Mr. Rafkind:
This e-mail acknowledges receipt of your public records request by
e-mail dated July 21, 2013. After review of your request, I am writing
to inform you that additional information is required. Please provide a
reasonable description of the requested record, specifically, the
meaning of the phrase "involving the City Solicitor's office".
As you know, by letter dated September 14, 2012, this office provided
you with 2,111 pages of e-mails in response to a prior public records
request. If you are seeking a copy of a record within this set of
records, please provide identifying information for the e-mail, such as
the following: author, recipient, date, and/or subject.
Respectfully,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov
<mailto:jgrossfield@somervillema.gov>
This message and any attached documents contain information which may be
confidential, subject to privilege or exempt from disclosure under
applicable law. However, when responding, please be aware that the
Massachusetts Secretary of State has determined that most email is
public record and therefore cannot be kept confidential. These materials
are intended only for the use of the intended recipient. If you are not
the intended recipient of this transmission, you are hereby notified
that any distribution, disclosure, printing, copying, storage,
modification or the taking of any action in reliance upon this
transmission is strictly prohibited. Delivery of this message to any
person other than the intended recipient shall not compromise or waive
such confidentiality, privilege or exemption from disclosure as to this
communication. If you have received this communication in error, please
immediately notify the sender and delete the message from your system.
Thank you.
From: Barry Rafkind
Hello Mr. Grossfield,
By the phrase "involving the City Solicitor", I mean that the email was sent by or to him.
I did not find an email matching these criteria in the previous set you mentioned.
Thanks,
Barry
From: Jason Grossfield
I am out of the office returning on Monday, August 5, 2013. If you need assistance, please call the Law Department at (617)625-6600 x4400 or e-mail City Solicitor Frank Wright at fwright@somervillema.gov. Thank you.
From: Frank Wright
I am out of the office until Tuesday, July 29th. If you need assistance in my absence please call the City of Somerville Law Department at (617) 625-6600, ext. 4400. Thank you.
From: Barry Rafkind
Dear Mr. Wright,
Do you have any update on this?
Thanks,
Barry
From: Frank Wright
Dear Mr. Rafkind: Thank you for your email. Per his previous email, Mr. Grossfield is handling this matter. He will address your July 26th reply to his response when he returns next week. Thank you. Frank Wright
From: Barry Rafkind
Any update on this?
From: Jason Grossfield
Dear Mr. Rafkind:
This letter is in further response to your public records request dated July 23, 2013. After review of your request, below is an estimate of the applicable fees to respond to your request.
Based on your request and e-mail of July 26, 2013, the search parameters to locate the responsive record, if any, containing the “first email exchange involving the City Solicitor's office concerning the review of commissions starting in early 2012” would be as follows: (1) e-mail to or from the City Solicitor, and (2) containing the word “commission” and/or “board”, and (3) during the period between January 1, 2012 and May 17, 2012 (date of newspaper article you reference). The earliest responsive record would be identified based on the search results. If you would like for city staff to commence the search and obtain any responsive copies, please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee. Upon receipt of the estimated fee, the city will commence the search and provide the requested public record(s) and shall withhold or redact any record or portion thereof to the extent provided by law, specifying the applicable exemption(s). The actual cost of producing the record(s) may vary.
CITY OF SOMERVILLE
PUBLIC RECORDS REQUEST: FEE ESTIMATE
PURSUANT TO 950 CMR 32.06(2)
Rate
Quantity
Total
Search of Computerized Records
Segregation (Redaction) Time
Actual Cost Incurred from Use of Computer Time
Position: IT Technician
Hourly Rate: $31.66
Position: Asst. City Solicitor
Hourly Rate: $38.46
1 hour
0.1 hour
$ 31.66
$3.84
From: Barry Rafkind
Dear Mr. Grossfield,
Thanks for your response. Are those the criteria that you and the City Solicitor feel is most likely to find the responsive record?
I am only interested in the earliest resulting record if it clearly indicates that the alleged commission review was being planned and/or executed, is that clear?
Perhaps the formatting has obscured the cost calculation: does it show that the costs include 1 hour of IT time for $31.66 + 0.1 hour of your time ($38.46/hr) = $31.66 + $3.84 = $35.50 ? If so, why would it take so much IT time to conduct the search?
Thanks,
Barry
From: Jason Grossfield
Dear Mr. Rafkind:
In response to your e-mail of August 7, 2013, the answers to your respective questions are as follows:
(1) Yes.;
(2) The search results would be reviewed based on your description of the requested record in order to identify a responsive record, if any; and
(3) Yes, $35.50 is the total estimated fee. IT estimates it will take 1 hour to search and compile any responsive records.
If you would like for city staff to commence the search and obtain any responsive copies, please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee, $35.50.
From: Barry Rafkind
Thanks, Mr. Grossfield. Since the prior record set you mentioned starts at 3/1/2012, and since I didn't find the desired email in that set, it would make sense to search from the start of 2012 until that date. Would this reduce the fee?
From: Jason Grossfield
Dear Mr. Rafkind:
In response to your below question by e-mail of August 7, 2013, the fee remains the same.
Respectfully,
From: Barry Rafkind
Ok, but why can't the City Solicitor perform the search himself since, after all, it's his own email account?
From: Frank Wright
I am out of the office until Tuesday, August 13th. If you need assistance in my absence please call the City of Somerville Law Department at (617) 625-6600, ext. 4400. Thank you.
From: Barry Rafkind
Jason, Frank?
From: Jason Grossfield
Dear Mr. Rafkind:
This office’s response of August 7, 2013 provided you with a good faith estimate of the cost to respond to your request. If you would like for city staff to commence the search and obtain any responsive copies, please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee, $35.50.
From: Barry Rafkind
Seems that you missed my response on Aug 9th in which I asked "why can't the City Solicitor perform the search himself since, after all, it's his own email account?"
From: Frank Wright
I am out of the office until Tuesday, August 13th. If you need assistance in my absence please call the City of Somerville Law Department at (617) 625-6600, ext. 4400. Thank you.
From: Jason Grossfield
Dear Mr. Rafkind:
In response to your e-mail dated August 16, 2013, please note that the Public Records Access Regulations state that the lowest paid hourly rate of the person who is capable of performing the task must be used to calculate search time. The city’s estimate was provided to you in accordance with these regulations.
If you would like for city staff to commence the search and obtain any responsive copies, please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee, $35.50.
From: Barry Rafkind
Thanks, Mr. Grossfield. Please expect my check via postal mail by Friday Sep 6th.
From: Frank Wright
I will be out of the office on Friday, August 30th. If you need assistance in my absence please call the City of Somerville Law Department at (617) 625-6600, ext. 4400. Thank you.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Jason Grossfield
Dear Mr. Rafkind:
Thank you for your e-mail of September 15, 2013. In regards to your
public records request dated July 21, 2013, this office received your
payment of $35.50 on September 9, 2013. Please be advised that your
request is being processed in a timely manner in the ordinary course of
business.
Respectfully,
Jason D. Grossfield
Assistant City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
Phone: (617) 625-6600, ext. 4408
Fax: (617) 776-8847
E-Mail: jgrossfield@somervillema.gov
This message and any attached documents contain information which may be
confidential, subject to privilege or exempt from disclosure under
applicable law. However, when responding, please be aware that the
Massachusetts Secretary of State has determined that most email is
public record and therefore cannot be kept confidential. These materials
are intended only for the use of the intended recipient. If you are not
the intended recipient of this transmission, you are hereby notified
that any distribution, disclosure, printing, copying, storage,
modification or the taking of any action in reliance upon this
transmission is strictly prohibited. Delivery of this message to any
person other than the intended recipient shall not compromise or waive
such confidentiality, privilege or exemption from disclosure as to this
communication. If you have received this communication in error, please
immediately notify the sender and delete the message from your system.
Thank you.
From: Barry Rafkind
Hello Mr. Grossfield, any update on this?
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 21, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Jason Grossfield
Dear Mr. Rafkind:
Thank you for your e-mail. Please be advised that your request is being processed in a timely manner in the ordinary course of business.
Respectfully,
From: Jason Grossfield
Dear Mr. Rafkind:
This e-mail supplements this office's prior response and estimate to the above-referenced public records request. In response to your request, attached is the responsive record.
The record has been redacted in accordance with the Massachusetts public records law. The basis for redacting the record is as follows: The record constitutes a confidential communication between public officials and the city's law department and has been redacted pursuant to the attorney-client privilege. Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 449-50 (2007).
This transmittal completes the City of Somerville's response to your request.
Respectfully,
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