Michael Dreslinski v. Charlemont, Town of - Town Clerk (SPR 20170319)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 16, 2017 SPR17/319 Kathy Reynolds Town Clerk Town of Charlemont PO Box 677 Charlemont, MA O1 3 3 9 Dear Ms. Reynolds: I have received the petition of Michael Dreslinski appealing the nonresponse of the Town of Charlemont Fire Department (Department) to his request for public records. G. L. c. 66 § IOA; 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, as well as all incident report narratives concerning "railroad related incidents" for the same aforementioned timespan. Having received no response, Mr. Dreslinski petitioned this office. Subsequent to the intervention by a member of the Public Records Division staff, it was discovered that the Department never received an initial records request from Mr. Dreslinski. Nonetheless, a representative from the Town indicated their willingness to provide a response. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that the Department provide Mr. Dreslinski with a response. Mr. Dreslinski may appeal the substantive nature of the Department'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

Kathy Reynolds SPRl 7/319 Page 2 March 16, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Michael Dreslinski