Paul G. Redlund v. Orleans, Town of - Board of Selectmen (SPR 20160147)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 11, 2016 SPR16/147 Mr. John F. Kelly Town Administrator Town of Orleans 19 School Road Orleans, MA 02563-3699 Dear Mr. Kelly: I have received the petition of Mr. Paul Redlund appealing the response of the Town of Orleans (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Redlund requested copies of what he refers to as: 1. Building Permits, #15-153, #15-154 and #15-155 and; 2. the definition of a "ductless heating system". In a response dated February 24, 2016 the Town provided copies of certain permits and a definition of a "ductless heating system". The basis of Mr. Redlund's appeal is that he believes the Town has not provided the records he requested regarding Building Permits 15-154 and #15-155. It is unclear from the Town's response whether it maintains any further records, other than those already provided, responsive to Mr. Redlund's requests. Accordingly, the Town is hereby ordered, within ten (1 0) days, to provide Mr. Redlund with a revised written response to his request for records. This response, prepared in compliance with this order, the Public Records Law and its Regulations, must address each portion of Mr. Redlund's request, a statement as to records previously provided, and a statement to address the existence of any remaining records responsive to his requests that may have been withheld. If the Town maintains that any portion of the responsive records are exempt from disclosure it must provide a written explanation, with specificity, how a particular exemption applies to each record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. John F. Kelly SPR16/147 Page 2 March 11, 2016 request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer gen ral questions regarding the Public Records Law. In addition, members of my staff will visit a re rds custodian in person to conduct training workshops on the Public Records Law up n quest. Please contact my office directly at the telephone number provided in this dete 1 ti for further information. Supervisor of Records cc: Mr. Paul Redlund