Farber, Michael v. Orleans, Town of (SPR 20150898)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 16, 2015 SPRlS/898 Mr. John F. Kelly Town Administrator Town of Orleans 19 School Road Orleans, MA 02653 Dear Mr. Kelly: I have received the petition of Michael Farber, on behalf of Mary Hartley, appealing the nomesponse of the Town of Orleans (Town) to his request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Farber requested the Eversource Cormorant Removal Plan for Cedar Pond covering the period October 16,2015 to November 9, 2015. Having received no response, Mr. Farber petitioned this office. 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 by the Town via telephone that it had inadvertently overlooked Mr. Farber's request and that the Town is not in possession of the Plan Mr. Farber is seeking. Whereas this matter was opened based upon the Town's failure to provide a written response to notify Mr. Farber if they possessed the record, I will now consider this administrative appeal closed. cc: Mr. Michael Farber OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre