Dear Supervisor of Records:
In an email dated May 22, 2017 sent to Ms. Dzuris I made the following requests (Exhibit A):
“In summary, please provide electronically (via email)
1) Copies of complaints filed before May 12, 2016 you added to file cabinet folders after May 12, 2016 visit.
2) Copy of request, you claim I made, that you assumed was in relation to July 19, 2015 request.
3) Records you filed to “Outlook folder” of one of the two other residents you failed to file in the file cabinet folders; whichever is lesser in pages.”
Ms. Dzuris didn’t respond to that request and on June 16, 2017 I appealed her inaction (SPR17/812). Two and a half hours after receiving my notice of appeal she responded and made her own declarations regarding three requests I made (Exhibit B).
Request #1
I requested copies of complaints filed before May 12, 2016 she added to file cabinet folders after my May 12, 2016 visit. On September 7, 2016 in response to that request (SPR16/645) Ms. Dzuris wrote
“… the Town informed you that any electronically filed complaints against the Town Manager had been printed and added to the documents previously made available for your viewing.”
She clearly and unambiguously stated that “electronically filed complaints” were “printed and added” to the file cabinet after my visit on May 12, 2016. On June 16, 2017 in response to SPR17/528 (Exhibit B) Ms. Dzuris wrote
“There were no records added to the file after your inspection.”
It’s evident that Ms. Dzuris doesn’t seem to know, is deceptive or both whether she added files to the file cabinet after my inspection of records on May 12, 2016.
Request #2
I requested copy of request, Ms. Dzuris claimed I made, that she assumed was in relation to July 19, 2015 request. In response, she attached every email she had related to the subject of “Request for Public Record 7-19-2015” including the original email (Exhibit B). One of the emails in the attachment was dated July 21, 2015 (Exhibit C) in which she stated that
“If you wish to view the file, you may do so by setting up an appointment and I will make it available to you. That is all.”
I did just what she suggested and viewed them on May 12, 2016. Contemplating existence of other electronically filed complaints on May 13, 2016 I requested access to complaints filed in that manner. Ms. Dzuris denied access to those complaints; I followed with an appeal. In response to an appeal (SPR16/645) on September 7, 2016 Ms. Dzuris wrote
“”Subsequently, on May 13, 2016, you requested “access to electronically filed complaints.” Assuming this request was in relation to your July 19, 2015 Request, the Town informed you that any electronically filed complaints against the Town Manager had been printed and added to the documents previously made available for your viewing.””
That statement is absolutely clear and unambiguous that electronically filed complaints against the Town Manager had been printed and added to the documents in file cabinet after May 12, 2016. Her reference to “Assuming this request was in relation to your July 19, 2015 Request” was introduced to deflect and deceive from actual request dated April 29, 2016 (Exhibit D). In response to my appeal dated March 3, 2017 (SPR17/246) she wrote referring to the above paragraph as follows
“The paragraph you quoted from our official response on September 7, 2016 does not state that files were added to the record cabinet after your visit.”
For reasons unbeknownst to me Ms. Dzuris has difficulty comprehending her own statement(s) and deceptions. Her assertions have no credence.
Request #3
My request was for records Ms. Dzuris filed to “Outlook folder” of one of the two residents she failed to file in the file cabinet folders; whichever was lesser in pages (Exhibit A, dated May 22, 2017). In her response dated June 16, 2017 (Exhibit B) she wrote
“An estimate was provided to you with respect to the preparation and distribution of the records requested from my Outlook folders. Once payment is received, they will be processed.”
That response was not responsive or substantive to my request so I appealed it (SPR17/812). Her response to that appeal is dated June 27, 2017 (Exhibit E) in which she wrote
“Regarding your request for emails in my Outlook files, I will not be revising the estimate. If you wish to see the printed and redacted files that exist in these folders, pay the $30.50 that was estimated and you will receive the records.
I consider Ms. Dzuris’ latest response a non-response (non-substantive) and abusive of her position as a Super RAO. Once again, she didn’t address my specific request previously made in SPR17/812, Request #3. I reject her ultimatums. Her contact information follows,
Super RAO Tricia Dzuris
Town of Chelmsford E-mail: tdzuris@townofchelmsford.us
50 Billerica Road Phone: (978) 244-3373
Chelmsford, MA 01824 Fax: (978) 250-5208
I’m no longer interested in pursuing records she added to the file cabinet after my visit on May 22, 2016, she claims she didn’t, at this venue.
Please compel Ms. Dzuris to email me records she filed to her “Outlook folder” of one of the two residents she failed to file in the file cabinet folders; whichever is lesser in pages.
Sincerely,
Stanley Mazurczyk
The redacted emails from one of the two residents, whose correspondence was held in my Outlook folder, are attached.
Request Date
2017-08-25
Agency Tracking
2017-0061
Acquisition Notes
This record was automatically imported from https://www.townforms.com/FOIADirect-ChelmsfordMACitizens/