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Christopher P. Loreti v. Arlington, Town of - Clerk's Office (SPR 20192464)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 12-12-2019

ClosedAppealDecision

SPR 20192464 is a Massachusetts Public Records Law appeal filed by Christopher P. Loreti concerning records held by Arlington, Town of - Clerk's Office, opened 12-12-2019. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

Case Details

Case Number
20192464
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Christopher P. Loreti
Custodian
Arlington, Town of - Clerk's Office
Date Opened
12-12-2019
Date Closed
12-19-2019
Date Request Submitted
11-04-2019

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

December 19, 2019 SPR19/2464

Ray Santilli

Assistant Town Manager/RAO Arlington Town Hall |

730 Mass Avenue

Arlington, MA 02476

Dear Mr. Santilli:

I have received the petition from Chris Loreti appealing the response of the Town of Arlington Clerk’s Office (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Loreti requested “communications regarding the permitting of 86 River St. in Arlington, including emails that were sent outside of the town's email system.” The Town responded providing responsive records and also indicated there were no responsive personal emails for 15 of 16 town officials, .

After receiving responsive records, Mr. Loreti requested any emails using a personal account for Attorney Roger DuPont, a member of Arlington’s Zoning Board of Appeals (ZBA). The Town responded that there were no responsive records to the request. Mr. Loreti appealed this response contending “Mr. DuPont, clearly did not comply with the RAO’s request” because “[t]he attached Dupont emails were provided not by Mr. DuPont, however, but through the town’s search of its email server.”

Subsequent to the intervention by a member of the Public Records Division, the Town provided Mr. Loreti with a supplemental response. Specifically, in its December 19, 2019 email, the Town explained Attorney DuPont was acting in a representative capacity to the current property owner, and not in his official capacity as a member of the ZBA. In light of this response, I will now consider this administrative appeal closed. Mr. Loreti may appeal the substantive nature of the response within ninety days. See 950 C.M.R. 32.08(1).

Sincerely, Rebecca S. Murray

Supervisor of Records ce: Chris Loreti

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