Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20171567)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 15, 2017 SPR17/1567 Timothy Toomey 3 5 5 Central Street Rowley, MA 01969 Dear Mr. Toomey: I have received your petition appealing the response of the Town of Rowley (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, in a letter dated October 17, 2017, you requested "[a]ny and all information regarding the Separation Agreement as voted on by selectmen at 10/16/2017 board of selectmen meeting (NEW Business Item #5) between Town of Rowley and Superintendent of the Water Department, Marybeth Wiser. Also, a copy of her resignation letter and her employment contract with the town." The requirements for appeal are as follows: Such appeal shall be in writing, shall include a copy of the letter by which the request was made, and shall include a copy of all correspondence from the custodian. The supervisor shall accept an appeal only from a person who has made his or her request in writing. An oral request, while valid as a public records request pursuant to 950 C.M.R. 32.05(3), may not be the basis of an appeal under 950 C.M.R. 32.08. Although you provided this office with a letter from the Town, it appears to relate to a different request for records. The letter indicates it is in response to a September 27, 2017 request for "Water Department payroll and time sheet records from June 15 to September 25, 2017." Consequently, it is unclear to which request the remaining provided documentation relates. Given that a copy of the letter by which the Town made their response to this request was not included with your petition, we are unable to assist you in this appeal at this time. Please feel free to re-submit your appeal. 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

Timothy Toomey SPRl 7/1567 Page2 November 15, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Hazen