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David Calhoun v. Plymouth, Town of - Town Manager (SPR 20191978)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 09-26-2019
ClosedAppealDecision
SPR 20191978 is a Massachusetts Public Records Law appeal filed by David Calhoun concerning records held by Plymouth, Town of - Town Manager, opened 09-26-2019. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20191978
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- David Calhoun
- Custodian
- Plymouth, Town of - Town Manager
- Date Opened
- 09-26-2019
- Date Closed
- 10-10-2019
- Date Request Submitted
- 09-18-2019
- Response Provided Date
- 09-25-2019
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- NA
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S, Murray Supervisor of Records October 10, 2019 SPR19/1978 Connor Anderson Archivist/Records Access Officer Town of Plymouth 26 Court Street Plymouth, MA 02360 Dear Mr. Anderson: I have received the petition of David Calhoun appealing the response of the Town of Plymouth (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Requirements for filing appeals Mr. Calhoun is reminded the requirements for an appeal include providing this office with a copy of the letter by which the request was made and, if available, a copy of the letter by which the custodian responded. 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). On October 8, 2019, a staff member in the Public Records Division telephoned Mr. Calhoun and provided him with a copy of the appeal opened by this office, asking that Mr. Calhoun provide this office with a copy of his original request pertaining to his appeal SPR19/1978. I note that no original request letter was provided to this office for appeals opened on his behalf. See SPR19/1978 and SPR19/1980. Whereas Mr. Calhoun has not provided this office with all the information necessary to proceed with this appeal, Mr. Calhoun’s petition for an appeal is unclear. For any future petitions for appeal, Mr. Calhoun must include a copy of his original request. Consequently, this office is unable to opine on this matter at this time. See 950 C.MLR. 32.0S()(£),(g) (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 issue a timely response, and include a copy of the original written request). Accordingly, I will consider this appeal closed. 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 Connor Anderson ~ SPR19/1978 Page 2 October 10, 2019 Mr. Calhoun may petition this office for a new appeal by providing this office with the all the necessary documents and clarification of the request for an appeal. Sincerely, Rebecca S. Murray Kebrecco. Munnar. Supervisor of Records ec: David Calhoun