Bushell, Andrew v. Marblehead, Town of - Police Department (SPR 20150553)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 13, 2015 SPR15/553 Mr. Marc J. Miller, Esq. Bernstein & Miller, P.A. 5 Broadway-Bldg. 1, Suite 101 Saugus, MA 01906 Dear Attorney Miller: I have received the petition of Father Andrew Bushell appealing the response of the Town of Marblehead (Town), on behalf of the Marblehead Police Department (Department), to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Father Bushell requested many records on policies and procedures from the Department, including copies of performance evaluation information. Father Bushell received records with the exception of performance evaluation, which the Town withheld citing G. L. c. 4, § 7(26), claiming the performance evaluation information was related to personnel matters. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(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. The Town is 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 was provided, by way of a fee estimate, for the records previously withheld by the Town dated October 21, 2015. It is important to note that the Town's response was not made in compliance with the timeliness requirements of the Public Records Law and its Access Regulations. Attorney Miller's response is dated October 21, 2015, more than four (4) months after Father Bushell's request. G. L. c. 4, § 7 (26); 950 C.M.R. 32 et seq. A record custodian must comply with a public records request as soon as is practicable, without umeasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). Mr. Miller is advised that all responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Marc J. Miller, Esq. SPR15/553 Page Two November 13, 2015 Whereas this matter was opened based upon the Town's failure to provide the withheld records, I will now consider this administrative appeal closed with the proviso that the Town furnishes the requested records immediately once the fee is received from Father Bushell. Father Bushell may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). Sh . Williams '~uf,erv1sor of Records cc: Father Andrew Bushell John McGinn, Town Administrator Robert 0. Picariello, Police Chief