Higgins, Patrick v. Dedham, Town of - Town Clerk (SPR 20150031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April3, 2015 SPRlS/031 Ms. Lauren F. Goldberg, Esq. Kopelman and Paige, P.C. 10 1 Arch Street Boston, MA 02110 Dear Attorney Goldberg: I have received the petition of Patrick Higgins appealing the response ofthe Town of Dedham (Town) to his request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested copies of email messages received by a specific Town employee in which Mr. Higgins' name is mentioned. The basis of Mr. Higgins' appeal appears to revolve around the response he received by you as Town's Counsel. The response, dated January 2, 2015 suggests that portions ofthe records may be exempt based upon several specified exemptions; however, it appears that a review of the records has not yet been done. Your letter refers to records "to the extent they exist," creating ambiguity as to whether any of the cited exemptions apply to records responsive to Mr. Higgins' request. Records custodians are advised against claiming exemptions until the records have been reviewed. To the extent this occurred it is not necessary to claim potential exemptions prior to review of the records. Upon payment of the fee for responsive records the Town must provide to Mr. Higgins a cover letter detailing, with specificity, any exemptions that are act ally applicable to the responsive records. This administrative appeal is now cl cc: Mr. Patrick Higgins OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre