Somerville City Hall Emails, Mar - June 2012. (PIR 7/23/13)

Community Access Project filed this request with the Somerville City Solicitor of Somerville, MA .
Status
Completed

Communications

From: Community Access Project

Dear City Solicitor Frank Wright,

Pursuant to the state Freedom of Information Act, M.G.L. c.66, €10, I hereby request:

One copy of each of the 50 emails described in the attached Open Office Spreadsheet named "50 Somerville City Hall Emails, Mar - June 2012. (PIR 7/23/13).ods"

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 along with the reasons for any charges.

I would prefer the request be filled electronically, by e-mail attachment in a searchable format such as Adobe Acrobat (.pdf), MSWord (.doc), delimited format (.csv), rich text format (.rtf), or plain text (.txt).

Thanks in advance for your cooperation. I look forward to receiving your response within 10 days, as the statute requires.

Sincerely,

Eileen Feldman

From: Jason Grossfield

Dear Ms. Feldman:

This letter acknowledges receipt of your public records request dated July 23, 2013. After review of your request, I am writing to inform you that the City has identified records which are responsive to your request. Below is an estimate of the applicable fees to respond to your request. If you would like to obtain copies, please send a check to my attention payable to the City of Somerville in the amount of the total estimated fee. The e-mail records would be produced in an Adobe PDF format and provided on a CD-ROM due to size.

The actual cost of producing the record(s) may vary. Upon receipt of the estimated fee, the city will commence providing 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).

CITY OF SOMERVILLE

PUBLIC RECORDS REQUEST: FEE ESTIMATE

PURSUANT TO 950 CMR 32.06(2)

Rate

Quantity

Total

Duplication

Actual Cost Incurred

1-CD-ROM

$ 5.30

Search (locate and compile selected e-mails) of Computerized Records

Actual Cost Incurred from Use of Computer Time

Position: Asst. City Solicitor

Hourly Rate: $38.46

1.4 hours

$ 53.84


From: Community Access Project

Thank you Mr. Grossfield,

I hand-delivered a check in the amount of $59.14 to your office this morning. Please acknowledge receipt of this check.

Please send the CD without delay and as soon as practicable, in accessible (not scanned) format, to the address on the check (also on the envelope). If you have any questions, please do not hesitate to communicate them ASAP.

Noting that your acknowledgement of this public information request was not timely compliant per 950 CMR §32.04; and, that the fee you have chosen to assess to locate these records might not be considered reasonable per the provisions of MA Public Records law, I now look forward to receiving the CD response you have promised without delay.

best wishes,
Eileen

From: Jason Grossfield

Dear Ms. Feldman: In response to your e-mail of August 7, 2013, this office received your check yesterday. Please be advised that the Massachusetts Public Records Law does not set a time period for which the records must be provided and responsive records will be provided in a timely manner in the ordinary course of business.

The Public Records Law requires electronic records be produced, as feasible, in a digital form, but permits the City to ensure the integrity of the record and any applied redactions. It is my understanding that the responsive records will be in Adobe PDF format and will not be “scanned” in.

Please reply to this e-mail to confirm you wish to proceed with processing your check and the request.

Respectfully,


From: Community Access Project

Mr Grossfield:

Thank you for the acknowledgement of the check you received yesterday. Of course I wish to proceed with the processing of this request, and expect that the records will be produced, without unreasonable delay, in as timely a manner as is practicable, and in accessible electronic format, since that is how emails are generated.

From: Community Access Project

August 19, 2013
To City of Somerville Solicitor:

Please update me regarding your progress in processing this request.

Thank you,
Eileen Feldman

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: Community Access Project

Dear Mr. Wright, Mr. Shapiro, or Mr. Grossfield:

The auto-response informing MuckRock on August 19 that Frank Wright is "out of the office until Tuesday, August 13th" is clearly out-dated.

All communications regarding this public records request, "Somerville City Hall Emails, Mar - June 2012. (PIR 7/23/13)" need to be in machine-readable format. Therefore, a phone call to the Law Department on this matter would not be an appropriate substitute.

Please respond with a written update informing me of your progress in processing this Public Information Request. When can I expect the CD?

Thank You

From: Jason Grossfield

Dear Ms. Feldman: Thank you for your e-mail. Your request is being processed and the records will be provided in a timely manner in the ordinary course of business.

From: Community Access Project

Mr. Grossfield,

This public records request was received by your office on July 23, 2013. On August 6 you responded with an offer to produce the requested records and you provided me with your fee estimate. On August 7, I hand delivered a check for $59.14, which was a payment-in-full, for the requested records. On August 8 you acknowledged receipt of my check and required me to again state in writing that I was requesting these records- a tactic that may have been designed to delay production of the records.

Tomorrow will mark 35 calendar days after this Public records request was made; and 21 days past when my payment in full was received by your office.

950 CMR §32.05 (6): Rights to Access states, "Upon request, a person at his or her election, shall be entitled to receive in hand or by mail one copy of a public record or any desired portion of a public record UPON PAYMENT OF A REASONABLE FEE as determined by 950 CMR 32.06. (CAPS added)

Please mail me the CD containing the email records that were paid for in full 20 days ago without any further delay. Please acknowledge receipt of this message.

Thank you,
Eileen Feldman

From: Community Access Project

Dear Mr. Grossfield,

Today marks the 48th day past when this public information request was received by your office; and 35 days past when you received my payment in full for the records.

G.L. Chapter 66 §10(a): (a) Every person having custody of any public record, as defined in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and WITHOUT UNREASONABLE DELAY, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person, under his supervision, and SHALL FURNISH ONE COPY THEREOF UPON PAYMENT of a reasonable fee.

(b) A custodian of a public record shall, WITHIN 10 DAYS following receipt of a request for inspection or copy of a public record, comply with such request.

Please explain the reason for your extensive delay in furnishing these records.

Thank you.

Respectfully,
Eileen Feldman

From: Somerville City Solicitor

A cover letter granting the request and outlining any exempted materials, if any.

From: Somerville City Solicitor

A copy of documents responsive to the request.

From: Jason Grossfield

Dear Ms. Feldman: Please be advised that the city's further response to your request has been sent by mail today addressed to the mailing address referenced at the bottom of your request.

Respectfully,

From: Community Access Project

Thanks, Mr. Grossfield. What is meant by "further response?"

From: Community Access Project

Mr. Grossfield,

along with my prior question today (what is meant by "further response?"), I would like to remind you that, on Aug. 7, I communicated the following:

"Please send the CD without delay and as soon as practicable, in accessible (not scanned) format, to the address on the check (also on the envelope). If you have any questions, please do not hesitate to communicate them ASAP."

Therefore,
please also
-confirm whether you sent the CD to the MuckRock News address or to my home address.

If you sent it to the MuckRock News address:
-please ALSO confirm whether you addressed it correctly (i.e. with MuckRock News as the addressee, and not with the requester's name).

Thank you.

From: Jason Grossfield

Dear Ms. Feldman: My letter with enclosed CD-ROM was addressed as follows:

Eileen Feldman

Muckrock News

Dept MR 6344

PO Box 55819

Boston, MA 02205-5819

Based on your initial public records request, the full address for mailed responses was utilized, along with your name. Should the post office return it, I will notify you by e-mail.


From: MuckRock

Hello,

The records were received as mailed.

Thank you.

From: Community Access Project

Thanks Mr. Grossfield.

Is the Cover Letter where you've set forth the reasons for denial of access to portions of records (redactions)? Please re-send this letter in machine-readable (aka accessible electronic) format.

I look forward to reviewing your completed response.

Best wishes,
Eileen Feldman

From: Community Access Project

Hi Mr. Grossfield,

On September 13, 2013 I emailed you to ask whether the Cover Letter portion of your records response contains the reasons for the redactions contained in the copies on the CD portion of your response; and requested that you re-send this Cover Letter in machine-readable (aka accessible electronic) format.

If you have any problems with this question and native format request, please respond ASAP; otherwise, please email the Cover letter without further delay.

I look forward to reviewing your completed response.

Thank You,
Eileen Feldman

From: Jason Grossfield

Dear Ms. Feldman: Attached please find a copy of my September 10, 2013
cover letter.

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: Community Access Project

September 19, 2013

Mr. Grossfield,

Thank you for providing the Cover Letter in accessible electronic format.

In reviewing your Cover Letter and the September 11, 2013 response, I find that you have provided me with copies extracted from already-redacted copies that were compiled in a .pdf for another individual's public information request of July, 2012; that .pdf was provided to that individual approximately one year ago (mid-September, 2012). Indeed, certain of these records have not even been provided to me with the email transmission data intact.

Please provide me with full access to every requested record listed in the spreadsheet within my July 23, 2013 public records request, and including the attachments that were explicitly requested. Please provide this complete and final response no later than September 30, 2013, in accessible electronic format and preferably by email(s), per the provisions of M.G.L. c. 66, § 10 and 950 CMR 32.00.

--Where there are records that you believe are segregable, please provide me with the non-exempt portions of those partially exempt records, noting the specific exemption or exemptions that you are relying upon, per Massachusetts Public Records law, to justify each redaction within each of those records; and including any applicable attachments. Again, these records should be furnished in accessible format, preferably by email(s), and no later than September 30, 2013, per the provisions of M.G.L. c. 66, § 10 and 950 CMR 32.00.

--If there are any portions of responsive records and applicable attachments that you believe are not segregable, please provide me with the specific exemption or exemptions you are relying upon, per Massachusetts Public Records Law, to justify the denial of access to each of those portions of records, and including any applicable attachments. Again, please provide these records along with the specific explanation(s) in accessible electronic format, preferably by email, and no later than September 30, 2013, per the provisions of M.G.L. c. 66, § 10 and 950 CMR 32.00.

Thank you.

Sincerely,
Eileen Feldman

From: Jason Grossfield

Dear Ms. Feldman:

I am in receipt of your e-mail below regarding the city's response to your July 23, 2013 public records request. Attached please find a Privilege/Exemption Log. The column to the far right specifies exemption(s), as applicable, for each record listed in your request.

You were provided with over 94 pages of responsive records in response to your request in accordance with the Massachusetts public records law. If you believe the set of records does not include an e-mail record which you requested, please identify the specific e-mail by providing the following information: From, To, CC, Subject, Date and Time.

Respectfully,


From: Community Access Project

Mr. Grossfield:

Your final response (sent 9/24/13) to my appeal (sent 9/19/13) of the "completed response" (sent 9/11/13) to my 7/23/13 public records request is acknowledged.

From: MuckRock

Hello,

Please find attached a digital copy of the appeal submitted yesterday in hard copy to the Secretary's office.

Thank you.

From: Frank Wright

I am out of the office today. If you need assistance in my absence please call the City of Somerville Law Department at (617) 625-6600, ext. 4400. Thank you.

From: Secretary of Commonwealth

From: Jason Grossfield

Please see attached correspondence relative to SPR13/210.

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: Community Access Project

Hi Mr. Grossfield,

The attached correspondence relative to SPR13/210 emailed to MuckRock on 2/24/14 is not an accessible (machine-readable) .pdf.

Please send an accessible .pdf via return email.

Thank you.

Sincerely,
Eileen Feldman

From: Somerville City Solicitor

A copy of documents responsive to the request.

From: Somerville City Solicitor

A cover letter granting the request and outlining any exempted materials, if any.

From: Jason Grossfield

Dear Ms. Feldman: In response to your e-mail below, please see the attached file.

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: Supervisor of Records

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 23, 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 Ms. Feldman: Please see the attached correspondence. A copy with enclosure is forthcoming by regular mail.

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: Somerville City Solicitor

A copy of documents responsive to the request.

From: Somerville City Solicitor

A cover letter granting the request and outlining any exempted materials, if any.

From: Community Access Project

Hi Mr. Grossfield,

Thank you for the correspondence re: SPR13/210 emailed to MuckRock on 3/18/14. However, the cover letter is not an accessible (machine-readable) .pdf.

Would you please re-email this letter to MuckRock in accessible format.

Thanks again,

Eileen Feldman

From: Jason Grossfield

Dear Ms. Feldman: Please see the attached file.

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.

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