Catherine Clairmont v. Edgartown, Town of - Town Clerk (SPR 20182025)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 19, 2018 SPRlS/2025 James Hagerty Town Administrator Town of Edgartown P.O. Box 35 Edgartown, MA 02539 Dear Mr. Hagerty: I have received the petition of Catherine Clairmont, on behalf of Pat Kager, appealing the response of the Town of Edgartown (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on November 11, 2018, Mr. Kager requested nine categories of records pertaining to Waste Water Commission/Commissioners, including email correspondence between certain named individuals. Previous appeal This request was the subject of a previous appeal, SPR18/1710. See Determination of the Supervisor of Records (November 30, 2018). In my November 30th determination, I ordered the . Town to provide the requestor with a response without delay, in accordance with the Public Records Law, its Access Regulations and the order. Following the November 30th determination, there were several communications sent to the Town by Ms. Clairmont. Based on the receipt of incomplete records, Ms. Clairmont requested the following records on December 12, 2018. • "Recordings of WW meetings not yet provided to us (March 2017, Sept 20, 2018 and November 8, 2018) ..." • "Minutes of meetings or draft minutes not yet provided including those for 11/8/18 and 11/29/18." • "All email or other communications between the Commissioners, Commissioners and staff and Commissions and other third-parties as requested ... Please ensure these include emails from the Commissioners private email accounts as previously discussed." • "Application to Excavate Permit for Vickers Sewer project (approved in April 2017) " • "Copies of 'good faith agreement to install pumps' referenced in DT email of April 3, 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

James Hagerty SPR18/2025 Page2 December 19, 2018 2017. Please send copies of all such agreements ..." • "Documents related to construction of Vickers Street force main-- if other exist" • "Emails notification between [identified individuals] Farrissey Telecom or others to confirm they could proceed to put in the sewer main down Vickers Street. ..." The Town provided a response on December 13, 2018, which included a fee estimate. The Town provided a second response on December 14, 2018. Unsatisfied with the Town's responses, Ms. Clairmont petitioned this office and this appeal, SPR18/2025, was opened as a result. While this appeal was pending, the Town provided a supplemental response dated December 18, 2018. Subsequent to the opening of this appeal, this was office was notified that the responsive records were sent to Ms. Clairmont via certified mail on December 19, 2018. Preferred format for records In her public records request, Ms. Clairmont indicated that she would prefer the records be provided electronically. The Town is reminded that under the Public Records Law, the records access officer (RAO) shall provide the public records to a requestor by electronic means unless the record is not available in electronic form or the requestor does not have the ability to receive or access the records in a usable electronic format. G. L. c. 66, § 6A(d ). Therefore, where certain records, as indicated by Ms. Clairmont, appear to be in an original electronic format, the Town should provide those records in an electronic format, unless Ms. Clairmont notifies the Town that she wishes paper copies of those electronic records. Consequently, this office encourages the Town and Ms. Clairmont to communicate further to enable the Town to provide the requested records in a satisfactory format. Conclusion Accordingly, whereas this matter was opened based upon the Town's failure to provide responsive records, I will now consider this administrative appeal closed. Ms. Clairmont may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Rebecca S. Murray Supervisor of Records cc: Catherine Clairmont