Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20170231)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 2, 2017 SPR17/231 Susan G. Hazen Town Clerk Town of Rowley Rowley, MA 01969 Dear Ms. Hazen: I have received the petition of Timothy A. Toomey appealing the response of Town of Rowley-Town Clerk (Town) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Toomey requested "Free Cash amount for the water department for fiscal years 2013, 2014, 2015 & 2016." In a response dated February 9, 2017, the Town provided exact dollar figures for four ( 4) of the aforementioned years, but was unable to provide a figure for fiscal year 20 16; in lieu of a dollar figure, the Town noted that the figure was "not yet certified." Mr. Toomey expressed his dissatisfaction with the Town's response and petitioned this office. This appeal was filed as a result. In a conversation with a member of the Public Records Division staff, as well as a supplemental response provided to Mr. Toomey dated February 28, 2017, the Town indicates "free cash for FY16 has not yet been certified by the Massachusetts Department of Revenue." In his initial request to the Town, Mr. Toomey never specified that he sought "certified" free cash amounts. The Town must clarify whether it possesses any other responsive records, specifically any non-certified amounts. See G. L. c. 66, § 10 (a)(ii) (the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request). I understand a member of the Public Records Division staff contacted you and provided a copy of the file associated with this appeal. Conclusion Subsequent to the intervention by various members of the Public Records Division staff, I learned that the Town is willing to provide a supplemental response. Accordingly, I will consider this administrative appeal closed with the proviso that the Town provide said response without delay. It is preferable to send an electronic copy of this response to this office at 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

Susan G. Hazen SPR17/231 Page2 March 2, 2017 pre@sec.state.ma.us. Mr. Toomey may appeal the substantive nature of the Town's response within ninety (90) days. See C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Timothy A. Toomey