Patrick Higgins v. Swansea, Town of - Town Clerk (SPR 20160846)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor of Records October 18, 2016 SPR16/846 Mr. Arthur D. Frank, Jr., Esq. Town of Swansea 209 Bedford Street, Suite 402 Fall River, MA 02720 Dear Attorney Frank: I have received the petition of Patrick Higgins appealing the response of the Town of Swansea-Town Clerk (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested a number ofrecords pertaining to the Town's executive sessions agenda and minutes dated from December 1967 to September 2016. Initially you had provided a response and a fee estimate on October 3, 2016. On that same day, Mr. Higgins petitioned this office objecting to the fee estimate. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § IO(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. Subsequent to the intervention by a member of my staff, this office was notified by you that a revised response would be provided along with a revised fee estimate. Whereas this matter was opened based upon the Town's failure to provide a substantial written response, I will now consider this administrative appeal closed. Mr. Higgins may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). 1~ Supervisor of Records cc: Mr. Patrick Higgins One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us