Stoll, Perry v. Brookline, Town of - Office of the Town Counsel (SPR 20150002)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 31, 2015 SPRlS/002 Ms. Joslin Ham Murphy, Esq. Town Counsel Town of Brookline Office of the Town Counsel 333 Washington Street Brookline, MA 02445-6863 Dear Attorney Ham Murphy: I have received the petition of Perry A. Stoll appealing the response of the Town of Brookline (Town) to his December 16, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Stoll requested a copy of: 1. The communication from the Massachusetts School Building Authority (MSBA) notifying the Town of Brookline the Driscoll project would not be invited to eligibility. (School Committee Vice-Chair Barbara Scotto posted a message on December 15, 2014 to the Town Meeting members list-serve conveying "news that the Massachusetts School Building project will not be invited into the eligibility period at this time), and 2. Any previous records of communications between the MSBA and the Town of Brookline, including the public schools regarding the evaluation of the Driscoll statement of interest that occurred after the statement of interest was submitted. In a written response from Senior Paralegal, Kerry Fleming, Mr. Stoll was informed that a search was conducted and that the Office of the Town Counsel was informed that no such records are in the custody of the Brookline Public Schools. Mr. Stoll's petition to this revolves around at least two communications, one an email from Barbara Scotto, Vice Chair of the School Committee to town meeting members, and the other is a letter sent to the Town Administrator, Mr. Melvin Kleckner. Mr. Stoll provided copies of those records to this office obtained by Mr. Stoll through another source. The existence of these records raises concern as to whether the Town's search was thorough. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Joslin Ham Murphy, Esq. SPR15/002 Page Two March 31, 2015 It is the duty of a government records custodian to use his or her superior knowledge in responding to requests for public records. 950 C.M.R. 32.05 (4 ). Accordingly, the Town is hereby ordered to conduct a diligent search for records responsive to Mr. Stoll's requests and provide the responsive records to Mr. Stoll within ten (10) days. Ifthe Town is planning to charge Mr. Stoll for copies of the records, he must receive a written, good faith estimate which is in compliance with the Public Records Law and its Access Regulations. See 950 C.M.R. 32.06(2). This administrative appeal is closed. : Jours, a • •. W'lliams Supervisor of Records cc: Mr. Perry Stoll