Michael Dreslinski v. Charlemont, Town of - Town Clerk (SPR 20170317)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 16, 2017 SPR17/317 Kathy Reynolds Town Clerk Town of Charlemont 157 Main Street Charlemont, MA 01339 Dear Ms. Reynolds: I have received the petition of Michael Dreslinski appealing the nomesponse of the Town of Charlemont Town Clerk (Town) to his request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dreslinski requested all correspondence and communications that were created or received by the Town regarding "Pan Am Railways" between the years 2004-2009. Having received no response, Mr. Dreslinski petitioned this office. Subsequent to the intervention by a member the Public Records Division staff, this office was notified that the Town never received an initial records request from Mr. Dreslinski. Upon speaking with the Charlemont Town Clerk, Ms. Reynolds, it was agreed nonetheless that the Town would respond to Mr. Dreslinski's request now that the Town has been made aware of it. Whereas this matter was opened based upon the Town's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that Mr. Dreslinski receives a response to his request. Mr. Dreslinski may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). Mr. Dreslinski should be made aware that appeals to a request for public records are typically closed without consideration if the custodian has no record of the requester's initial request. Furthermore, Mr. Dreslinski should also be made aware that concerns have been raised regarding the authenticity of the date he claims that he sent his original request. Please be sure to confirm accuracy of mailing dates in future requests and appeals to this office. 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

Ms. Kathy Reynolds SPRl 7/317 Page 2 March 15, 2017 Sincerely, ~~~ Rebecca S. Murray . Supervisor of Records cc: Mr. Michael Dreslinski