James P. Kinsella v. Bourne, Town of - Office of the Town Clerk (SPR 20200032)

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

Rebecca S. Murray Supervisor of Records

January 10, 2020 SPR20/0032 Barry Johnson Town of Bourne

Office of the Town Clerk 24 Perry Avenue Buzzards Bay, MA 02532

Dear Mr. Johnson:

I have received the petition of James P. Kinsella of Enterprise Newspapers appealing the response of the Town of Bourne (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically on October 25, 2019, Mr. Kinsella requested “evaluations [and] [any related documents ... of the performance ...of [a] Town [employee] for the 2018-19 fiscal year [and] ... July 1- September 30, 2019.

The requested records were the subject of a previous appeal in which the Town agreed to provide a response to Mr. Kinsella’s request for public records. See SPR19/2368 Supervisor of Records Determination (December 5, 2019). The Town responded on December 18, 2019. Unsatisfied with the Town’s response, Mr. ‘Kinsella petitioned this office and as a result SPR20/0032 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. Kinsella.

Accordingly, the Town is ordered to provide Mr. Kinsella with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within 10 business ~ days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Kinsella may appeal the substantive nature of the Town's response

within ninety days. See 950 C.M.R. 32.08(1). h joes ebecca S. Murray 41 Supervisor of Records

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 .

cc James Kinsella