Ferguson, Mark v. Holden, Town of - Town Manager (SPR 20150518)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 23, 2015 SPR15/516; SPR15/518 Mr. Stephen F. Madaus, Esq. Mirick O'Connell, DeMallie & Lougee, LLP 10 0 Front Street Worcester, MA 01608-1477 Dear Attorney Madaus: I have received the petition of Edwin R. Meyer and Mark Ferguson appealing the response ofthe Town of Holden (Holden) to requests for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). As the requests, responses and appeal are substantially similar I have combined both appeals into this one administrative determination. You have informed this office that you represent the Town as its Town Counsel. The issue in these appeals is whether the Town would honor a request made by email for an electronic copy of a public record. Subsequent to the opening of this appeal a member of my staffreceived your August 5, 2015 letter. In that letter you indicated that the Town Manager "is now aware that public records may be requested by electronic mail and her office will respond to such requests in accordance with the requirements of the Public Records Law." It has also come to my attention that the Town has now provided responses to each requester. Accordingly, I will consider each administrative appeal closed. Either Mr. Meyer or Mr. Ferguson may appeal the substantive nature of the Town's response within ninety (90) days. See 950 .M.R. 32.08(2). 7 y 1ours, Supervisor of Records cc: Mr. Edwin R. Meyer Mr. Mark Ferguson OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre