John & Susan Lemoie-Zarba v. Oak Bluffs, Town of - Town Administrator (SPR 20161128)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supen,isor of Records December 19, 2016 SPR16/1128 Michael A. Goldsmith, Esq. Reynolds, Rappaport, Kaplan & Hackney, LLC P.O. Box 2540 106 Cooke Street Edgartown, MA 02539 Dear Attorney Goldsmith: I have received the petition of Susan Lemoie-Zarba appealing the response of the Town of Oak Bluffs (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Lemoie-Zarba requested records related to title inspection reports, invoices and billing records, and survey reports regarding a specifically identified property. Previous appeals and determinations This request was the subject of a previous appeal and determination. See SPR 16/900 Determinations ofthe Supervisor of Records (October 25, 2016). In my October 25 determination, I closed the appeal with the proviso that the Town provide Ms. Lemoie-Zarba with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. The Town provided a letter dated October 26, 2016. Ms. Lemoie-Zarba informed this office she objects to this response and this appeal (SPR16/1128) was opened as a result. Right ofA ccess Please note that the personal status of Ms. Lemoie-Zarba in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances ofthe requester. See Bougas v. ChiefofPolice ofLexington, 371 Mass. 59, 64 (1976). 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. Goldsmith, Esq. SPR1611128 Page 2 December 19,2016 Invoices provided to Ms. Lemoie-Zarba In its October 26 letter, you explained further the redactions made within the invoices previously provided to Ms. Lemoie-Zarba. You indicate "[t]he entries which are redacted in their entirety, including hours and applicable charges, are non-responsive to your request." I find that, in light of its October 7, 2016 and October 26letters, the Town has now met its burden in responding to Ms. Lemoie-Zarba's request for the invoices provided with the October 7 letter. Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to provide a determination on the Town's Open Meeting Law claim. See G. L. c. 30A, §§ 21(a)(3), 23. "Vineyard Land Surveying bills" In the Town's October 26 letter, as well as in a conversation with an attorney on my staff, you indicated the Town would provide a further response with respect to the requested "Vineyard Land Surveying bills." I understand you also received a copy of Ms. Lemoie-Zarba's most recent appeal petition. Conclusion Accordingly, I will now consider this administrative appeal closed with the proviso that the Department provide Ms. Lemoie-Zarba with a supplemental response to his request made in accordance with the Public Records Law and its Regulations. Ms Lemoie-Zarba may appeal the substantive nature of the Department's response within ninety (9 days. See 950 C.M.R 32.08(2). cc: Mr. John J. Zarba and Ms. Susan Lemoie-Zarba Mr. Robert Whritenour