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Second Response to City of Lawrence Attorney Boddy

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Second Response to City of Lawrence Attorney Boddy
Shared by: Eddie Garcia
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posted:
1/23/2012
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from eddievgarcia eddievsongs@gmail.com

to Charles Boddy



cc ago ,

agetler@eagletribune.com,

gputnam@eagletribune.com,

mlevenson@globe.com,

"William J. Maloney" ,

Eddie V Garcia ,

danrivera@makelawrencebetter.com,

dtaveras@cityoflawrence.com,

EBernal@cityoflawrence.com,

fmoran@cityoflawrence.com,

gsilva@cityoflawrence.com,

marclaplante@rocketmail.com,

mmaldonado@cityoflawrence.com,

oaquino@cityoflawrence.com,

rreyez@cityoflawrence.com,

rtejeda@cityoflawrence.com,

rtwomey@cityoflawrence.com,

salmonte@cityoflawrence.com,

wlantigua@cityoflawrence.com



date Mon, Jan 23, 2012 at 6:28 PM

subject Written responses to your two replies

mailed-by gmail.com

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

assistance.



(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.



Sincerely,



Eddie Garcia



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