Richard Karp v. Canton, Town of - Town Clerk (SPR 20190548)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 29, 2019 SPR19./548 Tracy K. Kenney Town Clerk and Records Access Officer Memorial Hall 801 Washington Street Canton, MA 02021 Dear Ms. Kenney: I have received the petition of Richard Karp appealing the response of the Town of Canton (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on November 28, 2018, Mr. Karp requested: "List of Map of all [p Jublicly owned [l]and with the [Town]." On December 14, 2018, the Town provided a $32.74 estimate for "list or map," and also records responsive to Mr. Karp's request for "list of budget spent on legal fees, settlements, arbitration hearings, mediation or court costs between 2016 and the current date." Prior appeal The December 14th fee estimate for the responsive records was the subject of a prior appeal. See SPR19/401 Determination of the Supervisor of Records (February 27, 2019). In my February 2ih determination, I found that the Town must revise its estimate regarding the $25 hourly rate and estimate for segregation, or provide a further explanation of how the fee assessed pertained to the segregation or records consistent with G. L. c. 66, § 10( d). Mr. Karp notified this office he had not received a response to the order and SPRl 9/548 was opened as a result. Current appeal In a March 15th email Mr. Karp indicated "[t]he Town of Canton has failed to provide the required update as determined by your office within the 10 business days as required by law. (Yesterday's mail would have been 11 days)." He also notes "[s]ince no fee update was given within the time required by law, I am assuming it is because the Town of Canton can NOT justify [its] fee estimate. Thusly, I am requesting this office's intervention in forcing the Town of Canton to provide the documents within the original request, immediately and without delay, and free of charge." 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

Tracey K. Kenney SPR19/548 Page2 March 29, 2019 Subsequent to the opening of this appeal the Town informed this office that it sent a response to Mr. Karp on March 11, 2019. This March 11th response provides a fee estimate of $32.74 for the production ofrecords. Based on Mr. Karp's March 15t\ and despite a March 21st email from him, it is unclear whether he received the Town's March 11th response. Given that the basis of the appeal is unclear, I decline to issue a determination at this time. See 950 C.M.R. 32.08(1)(£) (all petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the response or failure to prnvide a timely response). Mr. Karp may appeal the substantive nature of this res~onse within 90 days. See 950 C.M.R. 32.08(1). This office can send a copy of the March 11 t response to Mr. Karp upon request. Sincerely, Rebecca S. Murray Supervisor of Records cc: Richard Karp