William A. Moschella, Esq. v. Rowley, Town of - Town Administrator (SPR 20160184)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 24, 2016 SPR16/184 Ms. Deborah Eagan Town Administrator Town of Rowley 13 9 Main Street Rowley, MA 01969 Dear Ms. Eagan: I have received the petition of William A. Moschella, Sr., Esq. appealing the response of the Town of Rowley (Town) to his requests for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, first on February 14 and again on February 29, 2016 Mr. Moschella requested all copies of certain Water Department records for a specified period. The Town replied to both requests, first on February 24, the second on March 8, 2016. Mr. Moschella appealed. Mr. Moschella's appeal is based upon two different responses to what he characterizes as the same request. In both request he sought records regarding state purchasing law violations by the Town's Water Department; but the first request was limited to a specific dollar amount. The second request contained no such limit. The Town's first response stated no records exist; the second response provided a fee estimate. In a March 22, 2016 telephone call with an attorney on my staff you explained that, with respect to the second request you were not aware whether records exist; a search would be necessary to make such a determination. I find this explanation, as well as each response, to be proper. Accordingly, I will consider this administrativ app al closed. cc: Mr. William A. Moschella, Sr., Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre