William A. Moschella, Esq. v. Rowley, Town of - Public Library (SPR 20160766)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 30,2016 SPR16/766 Mr. Thomas A. Mullen, Esq. Town of Rowley Public Library 141 Main Street, P.O. Box 276 Rowley, MA 01969 Dear Attorney Mullen: I have received the petition of William A. Moschella, Esq., appealing the response of Town of Rowley Public Library (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 records regarding a meeting led by a specifically identified Rowley resident at the Rowley Public Library. In a response the Town provided one document with portions redacted, stating that the redacted information "is exempt from disclosure" by statute. G. L. c. 4, § 7 (26) (a); G. L. c. 78, § 7. In a subsequent response the Town also explained that there are no additional records responsive to his request. Previous appeal This request was the subject of previous appeals. See SPR16/418 Determination of the Supervisor ofRecords (June 30, 2016) and SPR16/589 Determination of the Supervisor of Records (August 18, 2016). In my June 30 determination, I found the Town had failed to meet its burden and had not overcome the presumption that the responsive records are public records, subject to redaction. The Town was ordered provide Mr. Moschella with a revised written response to his request. In response to that order the Town provided a revised written response dated July 7, 2016. Attorney Moschella then appealed that response (SPR16/589) arguing that the Town failed to disclose all records responsive to his request. In my August 18 determination, the Town was ordered to review Mr. Moschella's request and determine whether any other responsive records exist. Current Appeal In a letter dated September 9, 2016 the Town confirms that no other records responsive to Attorney Moschella's request exist. In this current appeal Attorney Moschella disputes this conclusion. Moschella also challenges the Town's use of G. L. c. 78, § 7 as a basis for redactions made on the single responsive record provided. 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. SPR16/766 Page 2 September 30, 2016 Order It is my understanding that Mr. Moschella did not provide a copy of his petition to this office with the Town. Mr. Moschella's four-page September 13, 2016 petition contains questions and statements related to his request. At your request a copy of the petition was provided to you by a member of my staff. I find the Town has not yet had the opportunity to review and opine upon Mr. Moschella's petition. Accordingly, I will consider this appeal closed with the proviso that the Town review Mr. Moschella's petition and provide a written response to Mr. Moschella, prepared in a manner consistent with this order, the Public Records Law and the Access Regulations. A copy of the 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. Mr. Moschella may; appeal the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. William A. Moschella, Esq.