George E. Sgourakes v. Millis, Town of - Building Department (SPR 20160890)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 24, 2016 SPR16/890 Michael A. Giampietro, C.B.O. Building Commissioner and Zoning Enforcement Officer Town of Millis -Building Department 900 Main Street Millis, MA 02054 Dear Mr. Giampietro: I have received the petition of George Sgourakes appealing the response of the Town of Millis - Building Department (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Sgourakes requested a signed copy of the Building Commissioner's interpretation of "A Front Yard" as used and delineated by the Commissioner to render a Zoning Board of Appeals decision on January 27, 2016. Previous appeal - basis of the current appeal The responsive record was the subject of a previous appeal and determination by this office. See SPR16/755 Supervisor of Records Determination (September 20, 2016). On September 24, 2016, on your behalf, the Assistant Town Clerk, Patricia M. Sjogren provided Mr. Sgourakes with a signed, true and attested copy of the Zoning Board of Appeals meeting minutes and vote on a zoning matter at 33 Bullard Lane, in the Town of Millis. The basis of Mr. Sgourakes's current appeal, SPR16/890, regards the Town's failure to comply with its promise to comply with my September 20 determination to provide Mr. Sgourakes with the specifically-stated public record he has requested since December 2014. 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, § lO(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). 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

Michael A. Giampietro, C.B.O. SPR16/890 Page2 October 24, 2016 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 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. Order I find the Town has failed to respond to a request for public records, and has failed to meet its statutory and regulatory obligation under the Public Records Law and Access Regulations. Accordingly, the Town is hereby ordered to provide Mr. Sgourakes with the requested record, without delay, and in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this offi at pre@sec.state.ma.us. cc: Mr. George Sgourakes

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 24, 2016 SPR16/890 Michael A. Giampietro, C.B.O. Building Commissioner and Zoning Enforcement Officer Town of Millis - Building Department 900 Main Street Millis, MA 02054 Dear Mr. Giampietro: I have received the petition of George Sgourak:es appealing the response of the Town of Millis - Building Department (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Sgourakes requested a signed copy of the Building Commissioner's interpretation of "A Front Yard" as used and delineated by the Commissioner to render a Zoning Board of Appeals decision on January 27, 2016. Previous appeal -basis of the current appeal The responsive record was the subject of a previous appeal and determination by this office. See SPR16/755 Supervisor of Records Determination (September 20, 2016). On September 24, 2016, on your behalf, the Assistant Town Clerk, Patricia M. Sjogren provided Mr. Sgourak:es with a signed, true and attested copy of the Zoning Board of Appeals meeting minutes and vote on a zoning matter at 33 Bullard Lane, in the Town of Millis. The basis of Mr. Sgourakes's current appeal, SPR16/890, regards the Town's failure to comply with its promise to comply with my September 20 determination to provide Mr. Sgourak:es with the specifically-stated public record he has requested since December 2014. 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, § lO(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). 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

Michael A. Giampietro, C.B.O. SPR16/890 Page 2 October 24, 2016 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 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. Order I find the Town has failed to respond to a request for public records, and has failed to meet its statutory and regulatory obligation under the Public Records Law and Access Regulations. Accordingly, the Town is hereby ordered to provide Mr. Sgourakes with the requested record, without delay, and in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this offi at pre@sec.state.ma.us. cc: Mr. George Sgourakes