Adnan Derti v. Dedham, Town of - Town Clerk (SPR 20200120)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 5, 2020 SPR20/0120 PaulMunchbach Town Clerk Town of Dedham 26 Bryant Street Dedham, MA 02026 Dear Mr. Munchbach: I have received the petition of Adnan Derti appealing the response of the Town of Dedham (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Derti requested emails and other documents pertaining to a Dedham Zoning Board of Appeals decision regarding a certain property. Prior Appeal The requested records have been the subject of a prior appeal. See SPR20/0120 Determination of the Supervisor of Records (January 21, 2020). I closed SPR20/120 by ordering the Town to provide Mr. Derti with a supplemental response. The Town provided this supplemental response on January 21, 2020, producing additional responsive records. Unsatisfied with this response, Mr. Derti petitioned this office and this appeal, SPR20/l 20, was opened as a result. Appeal In his appeal petition, Mr. Derti indicated that he believes that there are additional responsive emails that the Town has not provided. In a January 2211 d email to this office, the Town stated that there are "no further documents that the Town of Dedham has pertaining to this request." The Town noted this in its January 2ist supplemental response as well. In a telephone conversation with a staff member of the Public Records Division, the Town confirmed that it has produced all responsive emails in its possession. 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. c. 66, § IO(a)(ii), (b)(ii). As such, whereas the Town has confirmed that it does not possess any additional responsive records, I find it has met its burden in responding to this request. 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

PaulMunchbach SPR20/0120 Page 2 February 5, 2020 Conclusion Accordingly, whereas the Town has confirmed that it has provided all responsive records in its possession, I will consider this administrative appeal closed. If Mr. Derti is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuit of administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ·~~ Rebecca S. Murray Supervisor of Records cc: Adnan Derti