Dina Maietta v. Swampscott, Town of - Town Administrator (SPR 20171658)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 11, 201 7 SPR17/1658 Dina Maietta Dear Ms. Maietta: I have received your petition appealing the response of the Town of Swampscott (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, you requested "electronic deposits from the last five years of Strawberry Festivals, [sic] Farmers Markets, [sic] Car Shows and July 3rd Fireworks display." Attorney Ronald Mendes, Assistant Town Administrator for Administration, responded to your request, providing records and a fee estimate. The requirements for an appeal are as follows: Such appeal shall be in writing, and shall include a copy of the letter by which the request was made and, if available, a copy of the letter by which the custodian responded. Appeals of a response by a custodian must be made within 90 calendar days of the date of the response. See 950 C.M.R. 32.08(1)(d). The Supervisor shall accept an appeal only from a person who had made his or her record request in writing. An oral request, while valid as a public record request pursuant to 950 C.M.R. 32.06(1)(a), may not be the basis of an appeal under 950 C.M.R. 32.08. See 950 C.M.R. 32.08(1)(g). Included in your petition for appeal, you provided this office with a copy of the email correspondence by which the Town responded providing the fee estimate. The date stamp on the email indicates it was provided to on you July 26, 2017. Your petition for appeal was received by this office by electronic mail on November 29, 2017. The Public Records Regulations require that petitions for appeal be filed within 90 days of date of the response by a custodian. As you filed your petition beyond 90 days of the Town's response date, this office cannot proceed with your petition. This appeal is now closed. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions 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

Dina Maietta SPRl 7/1658 Page 2 December 11, 2017 regarding the Public Records Law. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Ronald Mendes, Esq.