Brian Lee v. Holden, Town of - Town Manager (SPR 20170940)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 24, 2017 SPR17/940 D.M. Moschos, Esq. Mirick, O'Connell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608 Dear Attorney Moschos: I have received the petition of Brian Lee of the Worcester Telegram & Gazette appealing the response of the Town of Holden- Town Manager (Town) to his request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Lee requested records related to disciplinary actions taken by the Town against an identified individual. The Town initially provided a response, including a press release dated June 30, 2017; however, Mr. Lee objected to this response and petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, § 1O (a),(b ). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 1O (b ). All records cust()dians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that the Town intends to provide a written response to Mr. Lee's request. Accordingly, I will now consider this administrative appeal closed with the proviso that the Town provide said response, prepared in a manner consistent with this order, the Public Records Law, and its Regulations, within ten business days. Mr. Lee may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, '»tuNvtwL ~ V Rebecca S. Murr~y -- - Supervisor of Records cc: Brian Lee Peter Lukes 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