Gerard F. Russell v. Charlton, Town of - Town Administrator (SPR 20181487)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

October 23, 2018 SPR18/1487

Robin L. Craver

Town Administrator/RAO Town of Charlton

37 Main Street

Charlton, MA 01507

Dear Ms. Craver:

I have received the petition of Gerard Russell appealing the response of the Town of Charlton (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Russell requested a number of records relating to marijuana businesses.

Previous appeal — SPR18/1097

This request and related fee estimate were the subjects of a previous appeal. See SPR18/1097 Determination of the Supervisor of Records (Supervisor) (August 7, 2018). In my August 7" determination, I closed SPR18/1097 with the understanding that Mr. Russell agreed to the $300.00 fee estimate and that the Town would send a confirmation letter to Mr. Russell regarding the $300.00 fee in a manner consistent with the order, the Public Records Law and its Regulations within 10 business days.

Previous petition — SPR18/1175

This request was the subject of a petition from the Town seeking an extension of time to produce the records once Mr. Russell agreed to the reduction of the fee from $1338.00 to $300.00. See SPR18/1175 Determination of the Supervisor (August 14, 2018). In my August 14" determination, I found that in light of Mr. Russell’s August 7" and August 8" letters, as well as the Town’s communications with this office, I declined to opine for an extension of time as Mr. Russell had not agreed to the revised fee estimate.

Previous appeal — SPR18/1306

In his August 16" appeal petition, Mr. Russell indicates he requests a waiver of fees. In his petitions for appeals SPR18/1097 and SPR18/1306, Mr. Russell sought a complete waiver of

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

Robin L. Craver SPR18/1487 Page 2 October 23, 2018

the $300.00 fee to provide him with all the responsive records. As stated in my determinations on August 7, 2018.and September 12, 2018, this office lacks the authority to compel a records custodian to waive fees for providing public records. 950 C.M.R. 32.07(2)(k).

Current appeal — SPR18/1487

In your October 10" email to Mr. Russell, you list the dates, number of documents and number of pages of the records provided; however, the Town did not identify the responsive records or categories of records that are not in the Town’s possession or that are being withheld. See G. L. c. 66, § 10(b)(Gi) (response must identify any public records or categories of public

records sought that are not within the possession, custody, or control of the municipality); see also G. L. c. 66, § 10(b)(iv) (response must identify any records, categories of records or portions of records that the municipality intends to withhold, and provide the specific reasons for such

withholding, including the specific exemption or exemptions upon which the withholding is based).

Consequently, I find that the Town must provide Mr. Russell with a response that identifies of records or categories of records that are not in the Town’s possession or are being withheld, as well as the specific reasons for any withholding. See G. L. c. 66, § 10(b)(ii); G. L. c. 66, § 10(b)(iv).

Further, this office encourages the Town and Mr. Russell to communicate further to — better enable an efficient and cost-effective response to the request.

Order

Accordingly, the Town is ordered to provide Mr. Russell with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us.

Sincerely,

Rebecca S. Murray

Supervisor of Records

ec: Gerard Russell