Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20200023)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

January 16, 2020 SPR20/0023 © Paul Cohen

Town Manager

Town of Chelmsford

50 Billerica Road

Chelmsford, MA 01824

Dear Mr. Cohen:

I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 9, 2019, Mr. Mazurezyk requested copies of wireless device subscriptions, as well as regulations regarding usage and obligations on how confidential information is kept on these devices. The Town responded on October 30, 2019 and provided © responsive records in redacted form and claimed Exemptions (c), (n), and (0) applied to withhold the redacted portions from disclosure.

Previous appeal

This request was the subject of a previous appeal. I closed SPR19/2437 Determination of the Supervisor of Records (December 19, 2019) by ordering the Town to provide Mr. Mazurezyk with a written response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. The Town provided a supplemental response on December 30, 2019. In its December 30" response the Town stated it “produced copies of all the most recent cell phone invoices for cell phones the Town provides to ... Town officers and employees. The invoices were produced in full, including the officer or employee’s name, with only the cell phone number itself redacted.” The cell phone numbers were redacted under Exemption (b). G. L. c. 4 § 7(26) (b). Unsatisfied with the result, Mr. Mazurezyk appealed and SPR20/0023 was opened. .

Based upon a conversation between a Public Records Division staff attorney and a Town representative, it is my understanding that the Town intends on providing a subsequent response to Mr. Mazurezyk. ,

Accordingly, the Town is ordered to provide Mr. Mazurczyk with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within

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

Paul Cohen SPR20/0023 Page 2 January 16, 2020

10 business days, It is preferable to send an electronic copy of this response to this office at. pre@sec.state.ma.us. Mr. Mazurezyk may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1).

Sincerely,

Rebecca S. M Maan

urray Supervisor of Records

ce Stanley Mazurezyk