Charles Hillman v. Huntington, Town of - Town Clerk (SPR 20160732)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords September 20, 2016 SPR16/732 Ms. Andrea McKittrick Town clerk Town of Huntington P.O. Box 430 Huntington, MA 01050 Dear Ms. McKittrick: I have received the petition of Charles Hillman appealing the response of the Town of Huntington (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Hillman requested documents that would identify the Town's new alternate building inspector's name and contact information. The Town responded to Mr. Hillman that it was not in possession of the documents he requested. Mr. Hillman provided to this office a copy of the State Board of Building Regulations and Standards Building Official Certification Committee where a specifically identified individual appears as a local inspector. Mr. Hillman believed this individual was the alternate building inspector. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c ); 950 C.M.R. 32.08(4 ). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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, § lO(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. 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 general questions regarding the Public OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Andrea McKittrick SPR16/732 Page 2 September 20, 2016 Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. Present appeal Subsequent to a conversation between you and a member of my staff, this office was notified that a Local Inspector is a different position than that of an Alternate Building Inspector. You also confirmed that the Town has no Alternate Building Inspector. Accordingly, I will now consider this administrative appeal closed. cc: Mr. Charles Hillman