William A. Moschella, Esq. v. Rowley, Town of - Public Library (SPR 20160589)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 18, 2016 SPR16/589 Mr. Thomas A. Mullen, Esq. 40 Salem Street, Building 2, Suite 12 Lynnfield, MA 01940 Dear Attorney Mullen: I have received the petition of William Moschella appealing the response of the Town of Rowley (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moschella requested all information concerning a meeting led by a specifically identified individual at the Town Library on a specific date and date. Ms. Jacobson, the Town's Library Director, denied his request, claiming that the responsive record is exempt from disclosure pursuant to G. L. c. 4, § 7 (26)(a) and the application of G. L. c. 78, § 7. In his petition Mr. Moschella objected to the Town's response, further stating his belief that other responsive records might exist. In a July 7, 2016 you sought to provide a response to Mr. Moschella in compliance with an order from this office. See SPR16/ Determination of the Supervisor of Records (June 30, 2016). In that Determination I ordered the Town to review Mr. Moschella's request and provide a revised response to support any exemption claims. I find the July 7 letter to be in compliance with this order. At issue in this matter appears to be, not the exemption cited by the Town, but a question of whether any other records exist. In your response you state your belief that the sole responsive record consists of "a single page of the meeting room calendar maintained by the Town's library staff." In his July 12, 2016 petition Mr. Moschella states his beliefthat other responsive records may exist. My office will provide a copy of this response to you at your request. Accordingly, whereas I believe the resolution of this matter would be found once a response to Mr. Moschella's concern is addressed, I hereby order the Town to review Mr. Moschella's request a final time and determine what, if any other records may exist. Once the Town has completed this review the Town must provide a written response to Mr. Moschella. A OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Thomas A. Mullen, Esq. SPR16/589 Page 2 August 18, 2016 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. Supervisor of Records cc: Mr. William Moschella