Second Response to City of Lawrence Attorney Boddy by nashmusic


									  from eddievgarcia
         to Charles Boddy <>

         cc ago <>,
            "William J. Maloney" <>,
            Eddie V Garcia <>,

       date Mon, Jan 23, 2012 at 6:28 PM
    subject Written responses to your two replies
            Important mainly because it was sent directly to you.

Mr. Boddy:

Today, I've received your written responses as detailed below:

(1) January 19, 2012 regarding my FOIA request for Lantigua's candidacy,
occupancy permit, letter from federal government regarding Spanish
language, Accuvote bids and awards, Sec. of State letter (K. Green),
Diamond Springs Voting Place incident.

I find it difficult to believe that, with exception of Lantigua's candidacy
paperwork, which may only be maintained and filed by the state of
Massachusetts, the city of Lawrence does not have any of the records that
clearly deal directly with the city of Lawrence and its official operations as
a municipality within Massachusetts. I understand that any person or entity
that wishes to operate a business or office must obtain an occupancy
permit from the city. If there is a state or local law or ordinance exempting
political campaign offices, you should have stated so and provided the
appropriate statute.

Regarding official correspondence from the state of Massachusetts (K
Green) and the city, please, don't insult my intelligence, these letters are
surely within the records of the city of Lawrence. If you assert they are not,
please cite state law that exempts them or permits Lawrence from not
maintaining them. Unless I am mistaken, you are a city employee and not
an employee of Mr. Lantigua per se. Therefore, your duties and
responsibilities lie with the city of Lawrence, a municipality within the state
of Massachusetts. If I am incorrect, please cite local or state law where you
are an employee of the mayor specifically.

Regarding Accuvote, my experience with local governments is that a bid is
put out as an RFP and vendors reply who are interested. From there, city
councils take the RFP replies and depending on responses, offerings and
monies to be expended "councils" award the contract(s) with full
transparency and hearings. Therefore, you are either refusing to comply
and provide said document(s) or you are stalling. In either case, I will
submit an appeals to the Secretary of State for their intervention and

(2) January 17, 2012 regarding my FOIA request for telephone calls
between Lantigua and Bonilla and related in any fashion to the individual
arrested [Beltre] by Lawrence Police who, according to the newspaper
placed a call, while under arrest and in the Lawrence Police booking room
to Mr. Lantigua. I find it hard to believe that, considering the special
relationship between Mr. Bonilla and Mr. Lantigua, that no record of Mr.
Bonilla, being the deputy chief of police, had contacted or discussed or
conversed with Mr. Lantigua about Ms. Beltre. It appears you are refusing
to comply and/or stalling the efforts for public records.

Moreover, state law provides for the waiver of fees related to public
records requests if it is in the public interest. Clearly, the public's interest is
heavily weighted here and in the interest of clearing the air and full
transparency, it bodes quite well for the fees to be waived. Your
unwillingness to cooperate and extend that courtesy is not surprising but
nevertheless will be challenged. I reserve the right to file any legal action to
this refusal and non-compliance including but not limited to the district or
superior court, district attorney, attorney general, US attorney and/or any
other agency that will investigate this matter.


Eddie Garcia

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