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Tuesday, January 3, 2023

City Hall Claims it Does Not Have Caraviello Documents, Yet Caraviello is Part of City Hall, He Must Have Those Records; IMMEDIATE APPEAL TO SECRETARY OF STATE'S OFFICE

 



Tue, Jan 3 at 10:47 AM
Good morning Mr. Viglione,

Per your recent Public Records Request pertaining to Richard Caraviello's fundraiser at Salvatore's Restaurant and his tax returns for years 2017, 2018, 2019, 2020, and 2021, please find response below.
Thank you.
Janice

Janice Spencer, Office Manager
Law Department, Room 206
Medford City Hall
85 George P. Hassett Drive
Medford, MA 02155
781-393-2470
jspencer@medford-ma.gov


        The City of Medford is in receipt of your public records request, dated December 12, 2022 sent by electronic mail.  Please find the City's response to the request in accordance with the Massachusetts Public Records Law.

        In this request, you are seeking the following records:

                1. the document that provides for the monies received by Richard F. Caraviello for his recent fundraiser at Salvatore's Restaurant in
                his effort to run for mayor

                2. Richard F. Caraviello's Tax Returns for the years 2017, 2018, 2019, 2020, 2021

        In response to this request, the City has carefully reviewed the above request and its records.  Following such diligent search, please be advised that the City does not have any records responsive to this request.  Under the Public Records Law, the City’s duty to respond to records    requests extends only to records that are in existence and in its custody, and it is under no obligation to create records in response to a request.  It is also not required to answer questions in response to a public records request.  See “A Guide to the Massachusetts Public Records Law,” February 2022, published by the Secretary of the Commonwealth, at page 41.  Where permitted by law, however, please be advised that such records or material contained therein may be withheld or redacted under any of the exemptions to the Public Records Law, other applicable provisions of law, and/or common law privileges, such as the attorney-client privilege.  See, e.g., G.L. c. 4, §7(26); Suffolk Construction Co. v. Div. of Capital Asset Management, 449 Mass. 444, 449-450 (2007); 950 CMR 32.06(3).

        You may appeal this response to the Supervisor of Public Records pursuant to 950 CMR 32.08(1)(d).  By law, the Supervisor is required to respond within 10 business days of receipt of your appeal.  You may also seek judicial review of an unfavorable response by commencing a      civil action in the superior court, under G.L. c. 66, §10A(c).  Thank you.


-----Original Message-----
From: Joe Viglione <joeviglione@yahoo.com>
Sent: Monday, December 12, 2022 1:26 PM
Subject: Caraviello Fundraiser / tax returns Public Records Request



Re: Massachusetts Public Records Request

Dear Honorable Office Manager Spencer:

This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:

1)the document that provides for the monies received by Richard F. Caraviello for his recent fundraiser at Salvatore's Restaurant in
his effort to run for mayor

2)Richard F. Caraviellos' Tax Returns for the years 2017, 2018, 2019, 2020, 2021


I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request, however as an esteemed member of the press, quoted in the New York Times and Boston Globe and a plethora of books, I respectfully ask that you waive all fees as this information is of great public interest

The Public Records Law requires you to provide me with a written response within 10 business days. If you cannot comply with my request, you are statutorily required to provide an explanation in writing.

Sincerely,


Joe Viglione
P.O. Box 2392
Woburn MA 01888

Please note: The Commonwealth of Massachusetts considers most electronic communications to and from public employees to be public records and disclosable under the Massachusetts Public Records Law and its regulations. *Please consider the environment before printing this email.*



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