← Back to Search
Patrick Higgins v. Somerset, Town of - Town Clerk (SPR 20160922)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 10-24-2016
ClosedAppealDecision
SPR 20160922 is a Massachusetts Public Records Law appeal filed by Patrick Higgins concerning records held by Somerset, Town of - Town Clerk, opened 10-24-2016. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20160922
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Patrick Higgins
- Custodian
- Somerset, Town of - Town Clerk
- Date Opened
- 10-24-2016
- Date Closed
- 10-26-2016
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 26, 2016 SPR16/922 Delores Berge Town Clerk Town of Somerset 140 Wood Street Somerset, MA 02726 Dear Delores Berge: I have received the petition of Patrick Higgins appealing the October 18, 2016 response of the Town of Somerset - Town Clerk (Town) to an October 12, 2016 request to view and inspect public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested a date to review "open meeting law certificates of open meeting law materials for all current elected and appointed officials." In its response, the Town notified Mr. Higgins he would be permitted to review the records on November 17, 2016. Mr. Higgins appealed. 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, § 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. While the Town replied within ten days, it did not explain why Mr. Higgins would be required to wait more than thirty (30) days after the date of his request to view public records. I find the Town has not properly responded to a request for records. Accordingly, the Town is hereby ordered to provide Mr. Higgins either an earlier date or an explanation as to the delay in his access to public records. 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 office at pre@sec.state.ma.us. Supervisor of Records cc: 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