Handwerker, Ethan v. Lexington, Town of - Economic Development (SPR 20150159)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 7, 2015 SPRlS/159 Ms. Melisa Tintocalis Office of Economic Development 1625 Massachusetts A venue Lexington, MA 02420 Dear Ms. Tintocalis: I have received the petition of The Foundation for Mass Relieflnc. (Foundation) appealing the nonresponse ofthe Town of Lexington, its Economic Development Office and Economic Development Advisor Committee (collectively, the Town) to the Foundation's December 11, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, the Foundation requested "a copy of all public records regarding economic development matters, municipal customs, policies, rules and regulations pertaining to the medical use of marijuana in the Town of Lexington." In its petition for appeal the Foundation's President Ethan Handwerker stated that "The Foundation ... has not received a copy of any responsive public records, nor any detailed written good faith estimates for such public records." Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § 1O (b ); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. Both the Town and the Economic Development Office are advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, this office was notified that a response, dated April14, 2015, was provided by you to the Foundation. In that response you reference other responses dated December 17, 2014 and March 23, 2014. What remains unclear, however, is whether these responses were made to the Foundation or its President as an individual. In its petition for appeal the Foundation made it clear it wished for the December 2014 request to be considered separate from any prior request by an individual such as Mr. Handwerker. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Melisa Tintocalis SPR15/159 Page Two May 7, 2015 In reviewing the file associated with this appeal it is unclear whether your response was a collective response for the Town as defined by this administrative order, or solely the Economic Development Office. Further, it is unclear whether the contents of the response are meant for the Foundation, Mr. Handwerker as an individual, or some combination of the two. Accordingly, the Town is hereby ordered, within ten (10) days, to provide the Foundation with a complete response to the Foundation's December 11, 2014 request, made in response to a request to the three entities identified in that request, irrespective of whether any records had been previously provided to Mr. Handwerker individually. I will, therefore, consider this administrative appeal closed upon the proviso that such a response be provided to the Foundation within ten (1 0) days, to be prepared in compliance with the Public Records Law, its Access Regulations and this order. The Foundation may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08 2 . cc: The Foundation for Mass Relief Inc.