Patrick Higgins v. Swansea, Town of - Advisory & Finance Committee (SPR 20160486)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 13, 2016 SPR16/482, SPR16/486, SPR16/490, SPR16/492, SPR16/494, SPR16/497, SPR16/498 Cynthia Martins Town of Swansea 81 Main Street Swansea, MA 02777 Dear Ms. Martins: I have received the petitions of Mr. Patrick Higgins appealing the response of the Town of Swansea (Town) to several requests for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins made NUMBER separate requests for records. It is my understanding that you have been assigned by the Town to coordinate responses to Mr. Higgins' requests for public records. His requests include the following; Mr. Higgins informed this office that he has not yet received a response to these requests: 1. On June 11, 2016, a date and time to review a copy of several documents related to the Recreation Coordinator position and the Recreation Commission (SPR16/482); 2. On June 9, 2016, a copy of the DVD of the selectman's meeting of June 7, 2016 (SPR16/486); 3. On June 11, 2016, all emails from the Yahoo email account of Selectman M Scott Ventura from April 2007 until election day 2016 (SPR16/490); 4. On June 1, 2016, a date and time to review policy and procedure manuals used by the Swansea Recreation Commission (SPR16/492); 5. On June 1, 2016, a date and time to review time cards and sheets for employees of the Swansea Beach Committee :from Apri12012 to the present (SPR16/494); 6. On June 1, 2016, a date and time to review time card and sheets for employees of the Swansea Recreation Commission from April2012 to the present (SPR16/497); 7. On June 1, 2016, a date and time to review policy and procedure manuals used by the Swansea Beach Commission (SPR16/498) 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, § OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Cynthia Martin SPR16/482, SPR16/486, SPR16/490, Page 2 SPR16/492, SPR16/494, SPR16/497, July 13, 2016 SPR16/498 lO(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. 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 informed that the Town had already responded to many of Mr. Higgins requests and was in the process of responding to the remainder. Accordingly, whereas this matter was opened based upon the Town's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that the Town respond to the remaining requests. Mr. Higgins may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). Very truly yours, Shawn A. Williams Supervisor of Records cc: Mr. Patrick Higgins