Chrissy Ryan v. Amherst, Town of - Office of the Town Clerk (SPR 20192280)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 26, 2019 SPR19/2280 Sliavena Martin Town Clerk Town of Amherst 4 Boltwood Ave. Amherst, MA O1 002 Dear Ms. Martin: I have received the petition of Chrissy Ryan appealing the response of the Town of Amherst (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ryan requested: [a]ny and all documentation and activities on efforts made to hire a Finance Manager as referenced occurred in this proposal pertaining to hiring Sean Mangano Finance Manager, including postings, recruitment, who applied, dates of interviews held, as well as emails regarding the hiring of Sean Mangano between Bockelman and Morris and Bockelman and Mangano and Bockelman and any and all members of the School Committee regarding Finance Manager etc. The Town responded to Ms. Ryan in an email exchange, producing copies of emails from Tom Bockleman, Amherst Town Manager. Unsatisfied with this response, Ms. Ryan petitioned this office and this appeal, SPR 19/2280, was opened as a result. Current Appeal In her appeal petition, Ms. Ryan states that the Town "never provided any evidence of a hiring process having occurred that would have justified using the same Finance Director as the school director." Additional Responsive Records The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G.L. 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

Shavena Martin SPR19/2280 Page 2 November 26, 2019 c. 66, § lO(a)(ii) (written response must "identify any public records or categories of public records sough that are within the possession, custody, or control of the agency"). Based on Ms. Ryan's petition, it is unclear whether the Town possesses additional records responsive to Ms. Ryan's request. I find the Town must clarify this matter. I understand a Public Records Division staff attorney contacted your office regarding this appeal. Conclusion Accordingly, the Town is ordered to provide Ms. Ryan with a response in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business · days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~~ Supervisor of Records cc: Chrissy Ryan