Rob Fasulo v. Wilmington, Town of - Town Clerk (SPR 20190390)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 4, 2019 SPR19/390 Christine R. Touma-Conway Office of Town Clerk Town of Wilmington 121 Glen Road Wilmington, MA 01887 Dear Ms. Touma-Conway: I have received the petition of Rob Fasulo appealing the response of the Town of Wilmington (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Fasulo on January 30, 2019 requested" ... any [e]mails and or [a]pplication[]s that were received by the [T]own relating to any development on the Olin site within the last 95 days. if the standstill agreement has been extended I would also ask to include a copy of the extension paperwork. Having not received a substantive response, Mr. Fasulo appealed. 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 ofreceipt of the request. G. L. c. 66, § lO(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 custodians 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, this office was notified that a response was provided, dated March 4, 2019, that included certain responsive records. The Town also explains "I am awaiting word from the Planning and Conservation departments regarding whether any applications relative to this site have been filed, and I will let you know the status of that request as soon as I find out." You also note "I have withheld a series of emails which may represent Attorney/Client communication, and I am in the process of consulting about these with Town Counsel." You indicate "I will send a further response as soon as I have more information." The Town must provide said response in accordance with the Public Records Law and its Regulations without delay. See G. L. c. 66, § lO(b )(vi) (a municipality shall identify a reasonable timeframe in which it shall produce the public records sought; provided, that for a municipality 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

Christine R. Touma-Conway SPR19/390 Page 2 March 4, 2019 the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the time-frames set forth herein). Mr. Fasulo may appeal the substantive nature of the Town's response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rob Fasulo