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Patrick Higgins v. Swansea, Town of - Board of Health (SPR 20160803)
Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 09-30-2016
ClosedAppealPetitioner Won
SPR 20160803 is a Massachusetts Public Records Law appeal filed by Patrick Higgins concerning records held by Swansea, Town of - Board of Health, opened 09-30-2016. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.
Case Details
- Case Number
- 20160803
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Patrick Higgins
- Custodian
- Swansea, Town of - Board of Health
- Date Opened
- 09-30-2016
- Date Closed
- 10-14-2016
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 14, 2016 SPR16/802; SPR16/803 Ms. Cynthia Martins Town of Swansea 81 Main Street Swansea, MA 02777 Dear Ms. Martins: I have received the petition of Mr. Patrick Higgins appealing the nomesponse of the Town of Swansea (Town) to his September 14, 2016 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested an opportunity to inspect the agendas and minutes of all executive sessions held by the Recreation Commission between December 01, 2012 to September 14, 2016 and every restaurant inspection for 2016 on file with the Board of Health. Having received no response, Mr. Higgins petitioned this office. It is my understanding that a member of my staff contacted you regarding this matter. 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, § 1O (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. All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Despite being provided with an acknowledgement letter for the opening of this appeal dated September 30, 2016 and a copy of the file, the Town has failed to respond to the request. Accordingly, the Town is hereby ordered to review the request made by Mr. Higgins and provide a written response to Mr. Higgins, made in accordance with the Public Records Law, its Access Regulations and this order. Mr. Higgins may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R. 32 (2). rs, Supervisor of Records cc: Mr. Patrick Higgins OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre